Hirasaki, Shinobu and Hisashi
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E 531 r!SE 223
Name
Street
RECORDING REQUESTED BY:
LAWYERS TITLE INSURANCE kORPORATION
WHEN RECORDED MAIL TO:
CITY OF GILROY
7390 Rosanna St.
Gilroy, CA. 95020
. Recorded at the request of
Lawpers Title Immrnnce COTf).
City &
State
SJ 68704 GY 4032
MI\Y 3 11919 3:60AM
GI:UKliE. A. MA1~N, kecorder
Sauta Clara Counly, Official Recllrds
E 531 r!SE 223
EASEMENT GRANT .~~
1. PARTIES: The parties to this agreement are the CITY OF
GILROY, CALIFORNIA, a municipal corporation, hereinafter "CITY", and
SHINOBU HIRASAKI AND HISASHI HIRASAKI, individuals, hereinafter
"HIRASAKI".
2. GRANT: For valuable consideration, HIRASAKI hereby grants
to the CITY an easement as hereinafter described.
3. SCOPE: The easement granted herein is for constructing
and maintaining a sewer line.
4. LOCATION: The location of the sewer line will be over the
"'" lands of HlRASAKI as more apply described in Exhibit "A" to this
N/ agreement. The easement shall have a width of 30' and a depth of
'0 15' .
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" 5. PAYMENT: CITY shall pay to HlRASAKI the sum of $3,640.00
"-. cash.
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" 6. OTHER COSTS: It is the intent of the parties that the pay-
~ ment of $3,640.00 shall be net to HIRASAKI. Any and all other costs
~ including any closing costs or other costs of any nature or any kind
including construction costs are to paid by CITY.
7. MAINTENANCE: The easement granted herein includes the In-
cidental rights of maintenance, repair, and replacement. CITY
agrees to maintain, repair and replace the sewer line at CITY's own
cost and expense as from time to time may be required.
8. CONSTRUCTION: The CITY currently holds an easement
recorded on February .9, 1927 ,in book 301, page 220 of the Official Re-
cords of the County of Santa Clara for the sewer line. The CITY
intends to increase the width from 10' to 30' and to increase the
depth of the easement to 10' to 15'. The CITY shall be responsible
for any and all construction or whatever costs are necessary in
order to accomplish this.
9. DAMAGES-RESTORATION: CITY agrees to indemnify HIRASAKI
from any liability during the construction of the sewer pipeline
while CITY is on HIRASAKI property. CITY further agrees to indem-
nify and hold harmless HIRASAKI for any damages caused by sewer
pipeline to the extent that such said damages interferes with the
use of said land by HI Rl\SAKI . CITY also agrees to cause the
land to be restored to the same condition as prior to the CITY'S
entry on the land.
10. INSPECTION RIGHTS: HIRASAKI shall from time to time have
the right to inspect the progress of the construction and the res-
toration of the land to its previous condition.
11. PERFORMANCE, LABOR AND MATERIALS BOND: The CITY shall
forward to tURASAK1, prior to any entry on the land a labor, mater-
ials and performance bond sufficient to cover any construction of
the sewer line on HlRASAKI 's property.
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E 531 ?!SE 224
12. FORMAL APPROVAL: This agreement is subject to the approval of
the City Council of the CITY OF GILROY following HlRASAKI's execution
of this agreement.
13. RIGHT TO HOOK UP: HIRASAKIs are the owners of an easement
right adjacent to this property. The easement is for the use and
occupancy of said land for the HIRASAKI residence. Said land is
more particular described as Exhibit liB" to this agreement. The
proposed CITY sewer line will extend through the land set forth in
Exhibit "B". As a condition for the grant of this easement, HIRASAKI
shall have the right to hook up to the sewer line on the land set
forth in Exhibit "B" at the same location as previously hooked up and
at no cost to HIRASAKI.
14. SUCCESSORS/ASSIGNS: This agreement lS binding on successors,
heirs and assigns of the parties hereto.
15. CONSTRUCTION: CITY shall start construction on or before
June I, 1979 and complete construction of the sewer line on HIRASAKI's
property prior to September 30, 1979..
16. ACCESS RIGHTS: During the construction of the sewer line
the CITY SHALL provide alternative ingress and egress rights over the
lands of HlRASAKI, if required.
17. SUPERCEDES: This agreement supercedes that certain easement
held by the CITY OF GILROY recorded in that certain Grant of
Easement dated February 9, 1927 in Book 30l,Page 220 of the Official
Records of the Santa Clara County.
DATED:
March 19, 1979
Hir"~~
~L~"/~
lsashi Hirasakl
.IIIIIIIIUIUIHUlIWIIUIIIIIIIIHUIIIIHIHIINII_
5 OFFICIAL SEAL 5
I S ANDREA M. MATULICH S
: NOTARY PUBLIC - CALIFORNIA :
is PRINCIPAL OFFICE IN THE a
= COUNTY OF SAN BENITO =
,i My Commission Explros May r6. r980 5
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ppro~
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By .
~ City 0 Gilroy Council
On 'hi, cd.4..4<'1 do~hj{.~. in th, y,o, o~o~'!f ~i'Y'
hundred ancN~I!!.~~~~efore me, ....~~..:m;..JJf.(2~)
:P;::;~::;;:)~~~:::::Z2'..~~~~~~~~~
.......... ..... ............................................................. ......... ..'\...... ........................... .....
known to me to be the person ..... whose name~ subscribed to the within
instrument and acknowledged to me that .....he..... executed the same.
IN WITNESS WHEREOF I have hereun}D set m hal!! and affixed my
official seal in the .......................... County of~n,.{./ ....ty,~ the day and year
in this certificate t:::1.t;~.........1..:.... ..... ...~zt..~'ffJ~
Notary Public, tatc of California
My commi"ion "pi", .2:?t&ll'...JYK.().........
Cowdery's Form No. 32-Acknowlcdgement-General (C. C. Sec. 11903)
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E 531 r'!,~.f 225
STATE OF CALIFORNIA,} ss.
O~;:;tyol~ta7Uuaday OVum..
before me,nC;(JJ[)1./lY---n~d'_
Calif
DONNA LEE BEDFORD
NOTARY PUBliC. CALIFORNIA
~: SANTA ClARA COUN'N
~ 1 My comrnl[~ian explrtl M'r. 16, 1911
ImWltllllllllllUlllllli1llillllUltlllllUlIllU1lUUIUAII.IIIIIIIIlII
, L
:.t6-n- in the year one thousand nine hundred and seventy_u/~
m u_W_~ Notary Public in and for the County of Santa Clara, State of
n~:_~Uh-:~U::-'-::-h: :__:____::_::uu_
. -. - - - -- - - - - -- -- ~- - --- ~~- -- - - - - ~- - - - - - - - - - - - - - -- - ~- - - -- - -. - - -. - - - -. - ---. ---- -- - - - -- --- - -- - - - -. - -- - - -.. --. - - --. --
known to me to be the person_ - u__u___whose name---u-_~____subscribed to the
within instrument and acknowledged to me thaL.__m_heumu...executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official
Seal, at my office in the County of Santa Clara, th.e day and year in this certificate
Ii'" above w'ittenm . m~i4~mmrl ...cLmm
(General) Notary Public in and for the County of Santa Clara, ate of California
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E 531 r!G: 226
A strip i?f land 30 feet ,vide along the South\vesterly line of
Lot 6, as shown upon that certain Map entitled, "Nap of the
Subdivision 'of. the Elizabeth H. Martin Tract", which Nap \vas
filed for record in the office of the Recorder of the County
of Santa Clara, State, of California, on October 20, 1894 in
Book F of Maps at page 31, and more particularly described as
. follows: .
BEGINNING at a 1 inch pipe in the fence at the Southernmost
corner :of 'the:said Lot 6; thence North\vesterly along, the said
Southwesterly line North 320 05'West 2717:88 feet to a 1 1/2
inch pipe in the Southerly line of the Pacheco Pass Road
(formerly the Old Gilroy Road) as it existed prior to 1922;
thence along the said Southerly line, South 880 15' East 38.42
feet to a 3/4 inch pipe; thence Southeasterly and parallel to
the Southwester1y~line of Lot 6; South 320 05' East 2690.20 feet
to a 3/4 inch pipe in the Southeasterly line of Lot 6; thenc~
along the said line South 510 13' West 30.22 feet to the
~oint of Beginning.
EXCEPTING THEREFROM that certain parcel of land gtante~ in the
Deed from Hirasaki Farms to State of California dated April
26, 1967, recorded March 13, 1968 in Book 8053, Official Records,
page 728 and more particularly described as follows:
BEGINNING for reference at the Northwesterly corner of said
Lot 6; thence along the Southwesterly line of said Lot 6 South
310 26' 55" East 21l.79 feet to ,the TRUE POINT OF CO}'I~IENCEMENT:
thence continuing' along said Southwesterly line South 31026'
5S~' East 272.76 feet; thence North 40039'. 29" ~ast 31.52 feet'to
a line parallel with and distant 30.00 feet Northeaiter1y .
at right angles, from said Southwesterly line; thence along said
parallel line North 310 26' 55" West 253.90 feet; thence South
750 33' 39" West 31.37 feet to the true point of commencement;
containing 0.181 of an acre, more or less.
ARB 84l-l7- -, 23,- 31,
EXHIBIT "A"
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E 531?:!:Si227
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Tha~ certai~ real property situate in the County of Santa C12ra~ State of
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California~ described as fol1o~s: '
Beg~nning at a ~ne ~nchiron pipe at the mos.t southerly corner of Lot 6>
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2.5 sho'.J!l u~on that, cert~~n ~'ap ~nt'itlcd>. tlHap o,f the Subdivision of the Elizabeth.
H. Hartin Tract>" 2s'.re~orded in Baok,'iF.n'of Naps> at page 31> S,,:nta,Clara Co~nty -
~ . .. ... .. ..
Records> and 2.S 'also sh~~upon a Recor~ of ?ur~ey map recorded in E~ok 69 .af Maps
',at page 17> San:ta ClaraCo;'mty.Records; "th~nse southeasteriy along th~,sauthwesterly
, .-....-
line of' L~t 50>' and. t1'te n,artheaster1y line of Lots' 48, .and' 47 of the Las Animas.
.. .... ...' ".. . ..- .
Rancho '~artiti~~ (Case No_ 55.36 in' th~Superior Co~rt Of' Santa, Clara', C~unty >~
. .'.'California)"S 32C> 05'E 273b.,:2l'fe~t; th'~~~~~'le;v1.ng'~~id southwes.te;l; iin~.'--':'
. .,_... ~ . :'.~'-..r..~;. 4 .. ,.... ".. -.. . -. '.-' - ... . ..-.. -.
.,; N570 55'~E;385.00 feet; . thence N 320 '05' l-1'996'~17 f~et';. then~e S 57t>55 'H, 355.00'
;',:, ':.~"",~.~, .~. :"~"'~H"'" ......_,,;.;}~:.~~.~;.;.:-/,_..:..,.._.::.. _~-._:~_:..;:.-;.:)...~~.-.:/<:~'_.:_.:-..<_':,i..'~~.;,~.-.-~:_.;:~~_. ~,:' " , . ,,-:.,,-:"..:.'-.:--. - ;.
~".' fe~t ti; : the point of int,~~~~<;ti~n. ~i,th;~'~i",,:~, ,d;,=aQn:pa'ralJ.,el' to 'and disi:a~'t 30' feet'
.' ""',~ '__'_ :. '. .,; ";~ ,::~~~"~":"'''''-:' ',_~ .;""".":'" I,".'!'.' :".-.'. "''-',-''':-.':'~i.';-.<.''~'' ::' ~~_,~,..;. ",..-~ _~; - ....~. ," '.:.. "';" -"'- -~- '..-.
easterly from said' .south;::'este~lY,line 'of, LotSq; . thence:'~long ~~id pa~~li~l 'line
. ... ~'._ .,'. .-_" _ :, ,'_,".1'i;..,<: .::.~:~.?~i~~~~ ;-.',<~.i_. .,",;~;' ,:"7..~.::--' ....:'..~ '...,.:::...._._"':~.,:....;.; -._ ',~ ~.., .,:~ ._"..- ...~.; >- -' :;,.'.:'," .'.
N 32C> 051W 1737 .59 feei:..:~~:,.fhe. P?intof interse<::tion wi,th' the southeasterly line. of'
said Lot 6;~he~~~"~1~~~.;~~~~'?~~t~~~~te~lY lin~ S '5iolo" 'l~'> 30.2~ feet ~~,'the.":
Point.of Beg.inri:g:'(:.';F:iX;~t.::; .' . . ".. .. :.;,;'~~i',(~?ii;;;,~f;:)"
'.:Containing t.herein,:l.~~oao,acres ,of land more or ,less an,d being'a' porti'on of
. -. '. ':' ". -.... ' . , . '. ," '. :',-'" .. ' .- ..' ~... .
the Rancho Sari. Ys:idro (J,ohn" Gilroy Portion) a,nd a po:c'~ion of Lot 50 of 'the -JJas
A niroas Rancho., . .. .. . .. . ',',"ii'.i;~t);/V";,
. .-RECOROER"S,MfMO.i'-c'"."'/"--:'" ".
, FAlNT 'WRI11NG 'O'R TYf>I~'. ::,,':~':: ~: ,,~ .~:- ~;
QR c~EtO.N cOPies MAKES ':...:;':_"::/ -
",?O.A "'f-:l9!()GR~!,H'C,REcqRn;.< .~.' ".,'"
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EXHIBIT
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November 30> 1978
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E 531 ?!s:: 228
CERTIFICATE OF ACCEPTANCE OF CONVEYANCE TO THE CITY OF GilROY
BY SHINOBU HIRASAKI & HISASHI HIRASAKI. INDIVIDUALS
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 City the conveyance to the City of Gilroy by
Shinobu Hirasaki & Hisashi Hirasaki, individuals of the premises
described in the attached conveyance dated the lqth day of
Harch
, 1922-, and that the said City of Gilroy
consents to the recordation of said conveyance.
IN WITNESS WHEREOF, have hereunto set my hand this
19th day of March
the City of Gilroy.