John Norton Farms
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31 J UL 10 P'3: 2,4
RECORDING REQUESTED BY:
TITLE INSURANCE & TRUST.
SJ-428494 RLL
WHEN RECORDED, MAIL TO:
CITY OF GILROY
P.O. BOX 66
GIL~OY, CA 95020
COMPANY
7109080
EASEMENT AGREEMENT
t 20'7 :'j~E 332
'::JI"\ 1'\1
THIS AGREEl>1ENT madE: this ~ day of June, 1981, p:/; arH'.l
....;1
between JOHN NORTON FARMS, an Arizona corporation, here_~:h:<ft,~t~Ii'
t\ t l:! 1 ,I) ! F; !'~ r,;
I:~: . ". ,-,:~
referred to as "Grantor", and THE CITY OF GILROY, A MUNICIPAL
CORPORATION, hereinafter referred to as "Grantee."
WHEREAS, Grantor is the owner of certain real property
commonly known as the HIRISAKI RP.NCH, and more particularly
described in Exhibit "A", attached hereto; and
WHEREAS, Grantee is a municipal corporation and desires to
acquire certain rights in the Grantor's property described in
Exhibit "A", attached hereto;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. In consideration of the sum of Twelve Thousand Five
Hundred ($12,500.00) ~ll.ars for the granting of this easement
ONe:.....P.JII~~ '.l () DO. CO- p:ft'- ').tL!IJ
and the sum of ~ Thousand ($,,000.00) Dollars for crop loss,
Grantor hereby grants to Grantee an easement as hereinafter
described.
2. The easement granted herein is a right to construct and
maintain a storm drainage line and appurtenances thereto.
3. The easement granted herein is located as follows:
An easement ten feet wide, measured northwesterly
at right angles from the following described south-
easterly boundary, said boundary being the southeast-
erly line of lot 50 Las Animas Rancho, as shown upon
Map 7 accompanying the final report of referees in
the Partition Suit of Henry Miller, etal vs Massey
Thomas etal in the Superior Court of the State of
California in and for the County of Santa Clara:
Beginning at the most southerly corner of the
above described lot 50, Las Animas rancho, thence
from said point of beginning, slong the southeast-
erly boundary of said lot, N57 47' E. 2674.66
feet to the westerly boundary of lands conveyed
to Santa Clara County Flood Control and Water
District by Deed recorded in Book 0019, page 59
official Santa Clara County Records;
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4. The easement granted herein includes the right to con-
struct and maintain a storm drain line and appurtenances thereto.
5. The easement granted herein is not exclusive. Grantor
retains the following rights and uses as they relate to the
easement.
t 2Vi' ~!Gi333
(a) The right to use the easement for any and all
purposes that are not inconsistent with the storm drain line and
appurtenances thereto;
(b) The right to construct a road on the easement;
(c) The right to farm and harvest crops on the easement.
6. The Grantor retains the right to convey, assign, or
hypothecate all of its rights, title or interest in said easement.
7. All work regarding the construction of the storm drain
and appurtenances thereto shall be completed by Grantee on or
before November 30, 1981.
8. It is further agreed that a portion of the construction
work will be performed in an area where Grantor is or will be
growing and harvesting peppers. Grantee, agrees to complete all
construction work in such area or areas within a time span of two
(2) weeks.
9. In regards to the manner of excavation and/or construction
of the drainage system, Grantee agrees as follows:
(a) The top two (2) feet of top soil which is removed
for the purpose of laying the pipeline will be segregated from
all other removed soil; after the drainage line is installed, the
top two (2) feet of original top soil will be replaced in its
approximate original location.
(b) All soil removed during construction will remain
within the confines of the ten (10) foot width of the easement.
In no event will Grantee allow the removed soil to be located on
any land or crops located outside of the easement boundaries .f~1
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10. During construction an _ installation of the drainage
line, Grantor reserves the right to terminate, at any time, the
construction and installation of said drainage line, should
Grantor determine that said construction and installation is in
violation of the terms of this agreement.
11. Grantee agrees that if at anytime said drainage line
should fall into disrepair, thus causing damage to Grantors real
-2-
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property or personal property, including but not limited to
Grantor's crops, that Grantee will immediately repair said
drainage system and pay to Grantor all damages sustained as the
result of the defective drainage system.
12. Grantee agrees to indemnify and hold harmless Grantor
for any and all third party claims that may arise from the con-
struction, operation, repair and maintenance of said drainage
line and appurtenances thereto.
13. Should future repairs or maintenance be necessary on
the drainage line and appurtenances thereto, Grantee shall not
commence said repairs or maintenance without first obtaining the
consent of Grantor. Grantor shall not unreasonably withhold its
consent to allow Grantee to make said repairs or maintenance.
Grantee further agrees to pay to Grantor any and all damages
sustained by Grantor which are occasioned by Grantees acts of
repair or maintenance.
14. Grantor shall have the right to connect to the completed
drainage system, provided that Grantor's action does not violate
applicable regulations, ordinances or laws relating to the drainage
system.
15. Grantee agrees that Grantor shall not be liable to
Grantee for any injury to the drainage line and appurtenances
thereto, or for any loss of income resulting therefrom.
16. Grantee shall pay to Grantor the sum of Two Hundred
Fifty ($250.00) Dollars as and for attorneys fees which have been
incurred by Grantor for the preparation of this agreement.
Grantee further agrees to pay any and all costs, including any
documentary transfer tax that are incurred or will be incurred in
order to consummate this agreement.
17. In the event of any controversy, claim, or dispute
relating to this instrument or breach thereof, the prevailing
party shall be entitled to recover from the losing party reason-
able expenses, attorneys fees and costs.
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18.
This instrument shall bind and inure to the benefit of
the respective heirs, personal representatives, successors, and
assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
GRANTOR:
JOHN NORTON FARMS
AN ARIl/:;:!IfORAT~ON
By 1/l1/2~
-LfL---------
GRANTEE:
THE CITY OF GILROY
A MUNICIPAL CORPORATION
B:7i~~~<4'~
~1ayor
STATE OF CALIFORNIA )
) SSe
COUNTY OF Santa Cl ara )
On July 2 , 1981, before me, the undersigned Notary
Public in and for said State, personally appeared Norman B.
Goodri eh known to me to be the Mayor
of the corporations that executed the within Instrument, kD~wn to
me to be the persons who executed the within Instrument9.~kbehalf
of the corporation therein named, and acknowledged onl?e.'fi.itlf
the corporation executed the within instrument pursu~tl:i".~?r
by-laws or a resolution of its board of directors~ -
WITNESS my hand and
Offici~ .
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Per CC See.
1181 ;
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TO 1945 CA (8.74)
(Corporation)
STATE OF CALIFORNIA
COUNTY OF Santa Clara
On July 3, 1981
t 1 State, personally appearecl Pete Orr
~ known to me to be the VICE President, ancl
~I! known to me to be Secretary
~~ of the corporation that executed the within Instrument,
~ known to me to be the persons who executed the within
~ Instrument on behalf of the corporation therein named, and
Iii acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of
its board of directors.
} SS.
before me, the undersigned, a Notary Public in and for said
i
WITNESS my hand and official seal.
"
OFFICIAL SEAL
WM E ROBINSON
NOTARY PUBLIC - CAlIr,:;,~'"1'\
SANTA CLARA COUNTY
My comm. expires MAY 17. 1983
1540 rmw 1Mve, mlroy, ~ 95020
Signature
w~-c' ~ '
Wm E. Robinson
(This area for official notarial seal)
-4-
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EXHIBIT "A"
,'",
Page 10
SJ 68~82
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That certain real property situate in the County of Santa Clara,
State of California, described as follows:
G 207 i'~GE 336
BEGINNING at a one inch pipe at the most southerly corner of Lot
6, as shown upon that certain Hap entitled, "Map of the Subdivision
of the Elizabeth H. Martin Tract:, as recorded in Book "F" of Maps
at page 31, Santa Clara County Records, and as also shown upon a
Record of Survey Map recorded in Book 69 of Maps, at page 17, Santa
Clara County Records; thence North 51010' East along the Southeasterly
line of said Lot 0, 2130.27 feet to a point on the Southwesterly
line of that certain tract of land conveyed to the Santa Clara County
Flood and Water district, by Deed recorded December 12, 1960 in
Book 50U9 at page 705, Official Records of Santa Clara County; said
point being distant South 51010' West, 206.94 feet from the most
Northwesterly corner of the certain tract of land conveyed to
Consolidated Foods Corporation, by Deed recorded March ~, 1956,
in Book 34~8 at page 174, Official Records of Santa Clara County
as shown upon the Record of Survey Map recorded in Book 69 of Maps
at page 23, Santa Clara County Records; thence Southerly along a curve
to the left with a radius of 1043 feet, from a tangent bearing of
South 12047'51" East through a central angle of 20056'59" for a
distance of 381.36 feet; thence tangentially South 33044'50" East
957.37 feet; thence South 56015'10" West 12.00 feet; thence South
33044'50" East 1472 feet; thence along a curve to the left tangent
to the last mentioned line with a radius of 1055.00 feet, through a
central angle of 14056' for a distance of 274.97 feet; thence
tangentially South 48040'50" East, 2002.33 feet to the most North-
westerly corner of that certain tract of land conveyed to Santa Clara
County Flood Control and Water District by Deed recorded September
14, 1972 in Book 0019 at page 59, Official Records of Santa Clara
County; thence South ~3037'41"East, 58.31 feet; thence along a
curve to the right tangent to the last mentioned line with a radius
of 2~0.00 feet, through a central angle"of 05'37'28" for a
distance of 24.54 feet; thence tangentially South 18000'13"
East 136.99 feet; thence South 71059'47" West, 15.00 feet, thence
South 18000'13" East, 50.34 feet to a point of the Southeasterly
line of Lot 5U, Las Animas Rancho, as shown on Map '/ accompanying
the Final Report of Referees in Partition Suit of Henry Miller, et al
vs Massey Thomas, et al in the Superior Court of the State of
California in and for the County of Santa Clara, (case No. 5536); said
point being distant South 57047'00" West 158.11 feet from the
most Southwesterly corner of that certain 48.91 acre parcel of land
granted by Fanny Louise Shepard, et al to Andrew Martin, in the Deed
recorded October 2~ 1916 in Book 448 of Deeds, at page 349, Santa
Clara County Records; thence along the Southeasterly line of said
Lot 50, Las Animas Rancho, South 57047' West, 2074.66 feet tO,a one
inch iron pipe, (L.S. 2550), at the most southerly corner of said
Lot 50, as shown upon a Record of Survey Map 'recorded in Book 242
of Maps, at page 56, Santa Clara County Records;
PARCEL ONE:
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G 207 rl!~37
Page 11
SJ 68282
then~e North 32015' West, 145.74 feet along the Southwesterly line of
said Lot 50 to a one inch iron pipe, (L.S. 2550) shown as "LA-IS" upon
a Record of Survey map recorded in Book 263 of Maps at, page 14,
Santa Clara County Records; thence North 32005' West along the
Southwesterly line of said Lot 50, and the Northeasterly line
of Lots 48 and 47, of said Las Animas Rancho, and the Southwesterly
line of the tract of land conveyed to John L. Shepard, et ux to
Fanny Louise Shepard, et aI, by Deed dated July 21, 1898 and
recorded in Book 210 of Deeds, at page 277, 4920.88 feet to
the point of beginning.
CONTAINING therein 26~.063 acres of land, "more or less" and
being a portion of the Rancho San Ysidro (John Gilroy Portion)
and a portion of Lot 50 of the Las Animas Rancho.
ARB: 841-17-44
PARCEL TWO:
BEGINNING at a one. inch iron pipe (L.S.2550) on the Southerly
Right-Of-Way of Pacheco Pass Highway .'~IV-SCI-32A" at the most
Northwesterly corner of that certain tract of land conveyed to
Gilroy Foods Incorporated as shown upon th~ Record of Survey~ap
recorded in Book 104 of Maps at page 29, Santa Clara County Records;
thence South 0011'30" East 1150.62 feet along the Westerly line of
said Record of Survey to a four inch iron pipe set in concrete, four
feet tall, "S-2"; thence South 46002'50"- East, 712.32 feet along the
Southerly line of said Record of Survey to a four inch iron pipe,
four feet tall, "S-3" and being the most Southerly corner of the
13.654 acre parcel as shown upon the record of Survey Map recorded
in Book 104 of Maps, at page 29, Santa Clara County Records and also
being the Northwesterly corner of the 60 acre tract conveyed by
Ikuo Wada to James S. Byers, by the Deed recorded August 2, 1938
in Book 890 at page 207, Official Records of Santa Clara County;
thence along the Westerly line of said 60 acre tract, South 19045'
IS" East, 1,673.33 feet to a point on the Northeasterly line of
that certain tract of land conveyed to the Santa Clara County Flood
and Water District, by Deed recorded December 12, 1960 in Book 5009
at page 705, Official Records of Santa Clara County and also
being distant North 19045'15" West 65.70 feet from the Southwesterly
corner of said 60 acre tract in the centerline of Miller Slough
as it exists today; thence North 48040'50" West 332.37 feet; thence
along a curve to the right tangent to the last mentioned line with
a radius of ~52.00 feet, through a central angle of 15056' for a
distance of 248.13 feet; thence tangentially North 33044'50" West
1472.41 feet; thence South 56015'10" West 5.00 feet; thence North
tangent to the last mentioned line with a radius of 957.00 feet
through a central angle of 06005'50" for a distance of 101.84 .feet
to a point distant North 89022'50" West 15.99 feet from the South-
westerly corner of that certain tract of land conveyed to Con-
solidated Foods Corporation, by Deed recorded March 2, 1~56 in
Book 3428 at page 174, Official Records, of Santa Clara County, as
shown upon a record of Survey Map recorded in Book 69 of Maps at
page 23, Santa Clara County Records;
" I '
Page 12
SJ 68282
G 21)7 P~GE 33B
thence along the Southerly line of said Record of Survey, South 890
22'50" East 708.80 feet; thence along the Easterly line of said Record
of Survey, North 0011'30" West, 715.85 feet to a point on the Southerly
right-of-way of Pacheco Pass Highway; thence along said right-of-way,
North 88004'40" East 30.02 feet to the point of beginning.
CONTAINING therein 26.055 acres of land more or less and being a
portion of the Rancho San Ysidro (John Gilroy Portion) and a portion
of Lot 50 of the Las Ani~as Rancho.
ARB: 841017-13
PARCEL THREE:
A non-exclusive easement for ingress and egress of vehicular
equestrain and pedestrian traffic, farm equipment and tools
for agricultural purposes only over the following described parcel:
A strip of land 30 feet wide along the Southwesterly line of
Lot 6, as shown upon that certain Map entitled, "l-lap of the
Subdivision of the Elizabeth H. Martin Tract", which Map was
filed for record in the office of the Reco~der of the County~
of Santa Clara, State of California, on October 20, L894 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 Northwesterly along the said
Southwesterly line North 32005' West 27l7.8H 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 88015' East 38.42
feet to a 3/4 inch pipe; thence Southeasterly and parallel to
the Southwesterly Line of Lot 6; South 32005' East 2690.20 feet
tp a 3/4 inch pipe in the Southeasterly line of Lot 6; thence
along the said line South 51013' West 30.22 feet to the
point of beginning. '
EXCEPTING THEREFROM that certain parcel of land granted in the
Deed from Hirasaki Farms, to state of California, dated April
26, 1967 recorded March 13, 196H in Book 8053 Official Records,
page 72H and more particularly described as fOLlows:
1
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.....,
G 2Q7 :)~GE 339
BEGINNING for reference at the Northw~sterly corner of said
Lot b; thence along the Southwesterly line of said Lot 6 South
31026' 55 'It:ast 211.79 feet to the true point of commencement;
thence continuing along said Southwesterly line South 31026'
55" East 272.76 feet; thence North 40039'29" East 31.52 fe~t to
a line parallel with and distant 30.00 feet Northeasterly
at right angles, from said Southwesterly line; thence along said
parallel line North 31026'55" West 253.90 feet; thence South
75033'3911 West 31.37 feet to the true point of commencement,
containing 0.181 of an arce, more or less.
......'
Page 13
SJ 68282
.
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ARB: 841-17-23 and 31
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G 207 r~GE 343
Addendum to that certain easement agreement between John Norton Farms, Grantor
and. The City of Gilroy, Grantee.
.""""
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Paragraph 9, Sub Paragraph C
The pipe to be laid for storm drainage will be located so that the top of the
pipe is no less than 4 feet below the surface of the ground.
GRANTOR:
JOHN NORTON FARl1S
AN ARIZONA C~RATION
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BY
GRANTEE:
THE CITY OF GILROY
A MUNICIPAL CORPORATION
Byl1~~