Mazzuca, Rose
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EASEMENT FOR CONSTRUCTION, INSTALLATION AND MAINTENANCE
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LSD
OF SEWER LINE
THIS INDENTURE, made this I ~~day of September, 1961,
between ROSE MAZZUCA, a widow, party of the First Part and the
CITY OF GILROY, a municipal corporation in the County of Santa
Clara, in said State, the party of the Second part;
w 1. T N ESE. E T H:
That for and in consideration of the sum of ONE ($1.00)
DOLLAR, cashin hand, paid by the party of the Second Part, the
receipt of which is hereby acknowledged, and for other and valueable
consideration, the party of the First Part has this day, bargained
and sold, and by these presenta, does bargain, sell, convey, transfer
and deliver unto the party of the Second Part a permanent easement
and right-of-way over, under, in, through and across the following
described parcels of land located in the City of Gilroy:
PARCEL I. A strip of land of a uniform width of
5 feet, the center line of which is described as follows:
"BEGINNING at a point in the line common to Sublots 17 and
18, distant thereon S. 200 E. 34.79 feet from the corner
common to Sublots 16 and 17 as shown on the Map hereinafter
referred to, said corner being the most northeasterly corner
of lands of Mazzuca as recorded in Volume 848 of Official
Records at psge 117, Santa Clara county Records, and running
thence N. 71.071 W. 64.51 feet to a point in the North-
westerly line of lands of Mazzuca and Sublot 7: and being
a portion of Sublot 17 as shown on Map No. 8 accompanying
the final report of the referees in the Las Animas Rancho
Partition Suit, Action No. 5536 had in the superior Court
of the state of California, in and for the County of Santa
Clara.
PARCEL II. A strip of land of a uniform width of 10 feet,
the southwesterly line of which is described as follows:
"BEGINNING at the southwesterly corner of lands of Mazzuca
as recorded in Book 1806 of Official Records at page 130,
santa Clara County Records, and running thence along the
southwesterly line thereof N. 200 W. 55.00 feet: as being
a portion of Sub lot 16 as shown on Map N,). 8 accompanying
the final report of the referees in the Las Animas Rancho
Partition Suit, Action No. 5536, had in the superior~court
of the Stat~ of California, in and for the County of Santa
Clara:"
p,no( ;j'30:) PAr.Fl91
Including the perpetual right to enter upon said strips of
land at any time that it may see fit, and construct, install, maintain
and repair an underground sanitary sewer line for the purpose of
conveying sewage over, across, through and under the lands hereinbefore
described together with the right to excavate and refill ditches and
or trenches for the location, placing, replacing and repair of said
sewer line.
Part upon the following conditions:
The foregoing easement is granted to the party of the First
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1. That the party of the Second Part shall connect
with said sewer line the service to the present
dwelling of the party of the First Part said connection
to be made at the southwesterly end of the new line.
2. The party of the First Part and her heirs, successors
and assigns shall have the right, whth right shall be a
covenant running with the land, to have service from the
said sewer line, when installed, to all the other property
now owned by her, of which the said two strips hereinbefore
described are a part, said premises being those more
particularly described in the deed from J. P. Faurie to
Peter Mazzuca and Rose Mazzuca, dated October 4th, 1937
and of record in the Office of the County Recorder of
Santa Clara County in Volume 848 of Official Records,
Page 117, and the deed of Frank Blundo to said Peter
Mazzuca and Rose Mazzuca, his wife, dated June 7, 1949,
and of record in the office of the County Recorder of
Santa Clara County in Book 1806 of Official Records at
Page 130, without paying any connection or service
charge, but upon payment of the cost of laying or con-
struc~ing the lateral from the said sewer line.
set her hand the day and year first hereinabove written.
IN WITNESS WHEREOF the party of the First Part has hereunto
.AfnL. ~~
Party of the Firs Part
STATE OF CALIFORNIA )
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COUNTY OF SANTA CLARA )
On this ;fd( day of september, 1961, before me, SYDNEY S.
JOHNSON, a Notary Public in and for said County and State, personally
appeared -Ro:se' M,azzloJ.ca, known to me to be the person whose name is
subscribEi!~,i:~'.:tp~,';fQregoing instrument, and acknowledged to me that
she exe.cu~.~)t:l.b.)I;a~e.
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USOLU'1'ION NO. 644
RBSOLtJ'lION OF CIft COWCIL ACCBrtDlG COlfVBYA>>CB
OJ' 1UU\L 'IO.BRTY
BB IT RBSOLVZD BY THE crn COtnltClL OF 'rItE CITY' OJ' GILROY I
That said City of Gilroy does hereby accept the attached
conveyance of real property from Rose Mazzuca to the said City of
Gilroy, and consents to it's recordation.
Passed, approved. and adopted the 19th day of September,
adJ ourned
1961, at a regulali meeting of the City Council of said City of Gilroy,
held on the 19th day of Spetember, 1961, by the following votes
AYES ;
NOES:
COUNCILMJtMBB:R8: Duff in, Goodr i ch, Jordan, Peters en,
Quartiro1i,Wentworth, and Sanchez.
COUNCILMBMBBRS: None
ABSBIft' :
COUNCILMBMBERB: None
APPI.OVBD .
SIG SANCHEZ
Mayor
Attest:
SUSANNE E. PAYNE
City Clerk
CL.lI~" S CBI\'IIFICATB
I, SUSARU PAYNB, the City Clerk of the City of Gilroy, do
hereby certify that the annexed copy of Resolution has been compared
by me with and i8 a true and correct copy of the whole of sucb
a..olution dulY~A4QR~!d at and appearing among the official minutes
of the r.gular/m.~~mg of the City Council of the City of Gilroy,
held on the l~th day of September, 1961.
.