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Moore, Courtney L. and Rea, Dixie Lee ) f) . / In :)')'" 'llt '~;!4,' i ~. I} , ,,' t.):' ~ \ "'Y ' EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINE THIS INDENTURE, Made this It~day of October, 1961, between COURTNEY L. MOORE and DIXIE LEE REA, each of whom acquired an undivided one-half (1/2) interest in the premises hereinafter described as his and/or her separate property, PARTIES OF THE FIRST PART and CITY OF GILROY, a Municipal Corporation in the County of Santa Clara, state of California, PARTY OF THE SECOND PART: WIT N E SSE T H: That for and in consideration of the sum of ONE ($1.00) DOLLAR, cash in hand paid, the receipt of which is hereby acknow- ledged, the Parties of the First Part have this day bargained and sold, and by these presents do grant bargain, sell, convey, transfer and deliver unto the Party of the Second Part, a permanent easement and right of way, including the perpetual right to enter upon the real estate hereinafter described at any time that it may see fit, and construct, maintain, and repair an underground sanitary sewer line for the purpose of conveying sewage over, across, through, and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location, placing, replacing, and repair of said sewer line and the further right to remove trees, bushes, under- growth and other obstructions, if any, on the easement premises interfering with the location, construction, repair, and/or maintenance of said sewer line. The land affected by the grant of this easement and right of way is located in the County of Santa Clara, State of California and more particularly described as follows: The Southwesterly 10.00 feet, uniform in width, of Lot 5 as shown on map entitled "Map of the Subdivision of the Elizabeth H. Martin Tract," which map is recorded in Book ifF" of Maps at page 31, Records of Santa Clara County, California; - 1 - , :Ii'"it; , 1, ), }. l In addition to the said permanent e~ement above described, the First Parties do also grant to the Second Party the right to use and occupy for the purpose of initial construction and installation of the said sewer line on the above described premises a strip of land 20.00 feet in width, the Southwesterly line of which is the Northeasterly line of the hereinbefore described easement premises, the said strip of land to be used for the sole purpose of the initial installation and construction of said sanitary sewer pipe line for the City of Gilroy. The said easa~ent is granted to the Party of the Second Part upon the following conditions: 1. That the Parties of the First Part may make connections onto and with that part of said sewer line which is on and in the easement premises above described for the purpose of disposing of waste material and affluent arising out of farming operations conducted on the tract of land of the Parties of the First Part of which said easement land is a part, or incidental thereto, if suitable for disposal in said sewer line, but excluding any sewage arising out of any commercial enterprise or plant though related to agriculture which may be established or operated on said tract of land of the Parties of the First Part of which said easement land is a part; any use so made of said portions of said sewer line by First Parties shall be, and remain, subject to the right of Second Party to require proper screening of any waste material or sewage from said premises which may run into said sewer line. 2. First Parties may continue to use the surface of the easement land for "turning around" space when cultivating the adjoining land but shall not construct or place any buildings on or over said right of way or grow crops thereon. 3. That the Party of the Second Part herein shall pay for all damages to crops arising out of its use of the said easement premises. 4. That the said easement premises shall not be fenced or otherwise enclosed. IN WITNESS WHEREOF the Parties of the First Part have hereunto set their hands the day and year first hereinabove written. Witness to signature: - I tv;) C;:LLi/ //-') ,/ . l c (. . '- " ~ >-~: ~ c. /t: I' ( / c: ,;; "'L <: ( Wi tness to signature:, /1!03--e~/t-"2./1 /.., fi.)'rrj(l C/).^ ( .4~'~.. - 2 - i 1 I I STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) ss '. 'J \ ~'. } j,J., ' , ,"-e: ~ > ,~ n this 16th day of uctober, 1961, before me, Sydney S. Johnson, a notary public, personally appeared G. B. Carr, known to me to be the person whose name is subscribed to the within instrument as a subscribing witness thereto, who being by me duly sworn, deposed and said that he resides in the, ~\C\lid County of Santa Clara, State of Ca Ii fornia, that he was presept~hn~?~aw Courtney L. Moore and Dixie Lee Rea, personally known to him;tsl':A~" t:l''1~. $.~rne persons described in and whose names are subscribed to theJ~\<f~'~:ri:i::n i~~"t:~ument as parties thereto, sign and execute the same ~ and the~~(he,the';"^4f'fian~, then and there subscr:tbed his name to said instn.i'~t :as, a'''~:.itness. , .'.:: \~.:;".;::~ ;.\,),?~?:" ROOk ;i J;]:J FAGE .1 RESOLUTION NO. 652 llSOLUTION ACCEPTI. 0111 IE ITRISOLYEI that the CITY 0' GILROY does hereby ICCept the attkhed deed dated Oc:tober 16. 1961, conveying I ri ght of way by COURTNEY L. MOORE Md D,X'E LIE RfA, to the CfTY OFGIUO' over a It,1 p of land of un' form wi dth of 10.00 feat for the purpose of constructing. laying repatrlng, repllclng, Ind maintaining I sewer 1 tne Ind I temporary easement over the Idjolntng 20.00 f.et for the Inltll' construction of Slid sewer line, Ind the City of II Iroy does hereby cons..t to the recordation of satd d.ed. p,A$SED Ind ADOPTED this 16th day of October, 1,6.. by the following vot.: AYES: NOES: COUNCIL MEMBERS: Duffln,Jordan.'etersen,qulrtlro.l, Ind Slnchez. tOUNC I L MEMIDS: None AISDT: CO.eIL MEMIDS: Goodrich Md W..tworth AmOVED: SIG SANCHEZ Mayor ATTEST: SUSANNE Eo PAYNE City CJerk I, SUSA.I E. PAYNE, theundersll"ed, City Clerk of the City of Il1roy, do hereby certlfytha foregoIng to be I ful1 true and correct copy of I r8$oh.... tlon unlnlmously ldopted It I regullr meeting of the Council of the tltyof Gilroy, 4...1y held on the '6th day of October, 1'61. It which a CIIuO,,_Jwet, present. ., ,".:~i~:,!,;,~,.,t.,<, IN WITNESS WHOI. I have hereunto .et my hand and fixed th.,i'~fJl&.l.li.,S.1 of the City of Gilroy this 17th day of October~ 1961.':",':i:}':~;;:; ',;y'c(;;. , w..J i~ -- '0'-0 go; c=::.r...,~ 17j ~O.J ~ f'- C"":' (", " 0.._ ""',. __ ~::; <.;;.N 0'"\ '-<t'l. I_~. "=-LJ~ N O"J L: -,~.~~'" , ::::c:: c, "( "" N 1"- 0 b.. i ., ~ - 0 ....., ~.'.... co f"",:': ",< t l'-~, ' C;:;..'? o _".;.t\~. - CS) L.1... ,t; . ~ c:;); ..~ :~ >- (j) f- 02 n.:: =? I OU_.1C': ~ :~ ~.~ ;:~'::: .--; . {1~ n:: ..~: :.~ :\ ".~~ ~'~~ :~ ;; ::::i ~~, ~~CL o:t (/) \ \} '~ I - : rr- :.j I~ ;. i: " 1. ,I 2. ;[ 3. 4. ;! \)'~jrjE.9!lj 1j11J1l..!! ~~.tIJlJtJ~~~~!I~ I I .j II SANTA CLARA COUNTY DIVISION r"':ORMERL..Y ~\~~jJO,i~;~ ~J!~'Illl~~q;1j'~llj1j~f! ~~~ 70 NORTH SECOND ~)THEEl SAN JOSE, CALI FORNI A TELEPHONE CYPRESs 3-2.130 PrelimInary repon fur a f10ltcy of title Insurance 1fl the sum of $ to he issued by I I I I, 'IJ~~BhlJ TgjllJaI))"@pM~~~~fM'JJtJ TO CITY OF GILROY Order No, 357700 i WESTERN TITLE GUARANTY COMPANY Santa Clara Coullty Division, a curporatlon, hcrehy reporrs that tItle to tbe real property hereinafter descnbed 15 l)l} September 5, 1961 ar8:00 a. m. vested in: COURTNEY L. MOORE, as his separate property, and DIXIE LEE REA, each as to an undivided 1/2 interest. Subject to: Taxes for the fiscal year 1961-1962 a lien but not yet due or payable. Sale to the state of California on June 30, 1961 for non-payment of second installment of taxes for the fiscal year 1960-1961. Amount necessary to redeem 1s $1,390.74. Estimate void after September 29, 1961. See Receipt No. 7488, Code Area 67-9 and Sale No. 30555. Easement for road purposes over all that portion of the premises lying within the bounds of Old Gilroy Road. the I I \ I I Right to maintain the present ditches and the right to drain through said present ditches, as reserved 1n the Deed from Henry Hecker and Ethe 1 M. Hecker, husband and wi fe, to l"iary Lee Rea, dated October 7, 1920, recorded October 27, 1920 1n Book 522 of Deeds, page 317; as granted in the Deed from Henry Hecker and Ethel M. Hecker, husband and wife, to Elizabeth Phalby Riggins, dated October 7, 1920, recorded October 27, 1920 in Book 522 of Deeds, at page 315. 5. Easement for pole line along a line parallel with and 20 feet South- easterly of the Northwesterly line of the premises extending from the Northeasterly line thereof to the Southwesterly line as granted by Deed from Mary Lee Rea to Coast Counties Gas and Electric Company, a corporation, dated October 21, 1949 and recorded December 1, 1949 1n Book 1884 of Official Records, page 588. 6. Any defects or irregularities 1n the proceedings had in the Superior Court of the state of California, in and for the City and County of San Francisco, in the Matter of the Estate of Mary Lee Rea, deceased, I I I I, Probate No. 130826, leading up to the Order and Decree of Partial Distribution made therein on January 31, 1955, a certified copy of which said Order and Decree was recorded on February 1, 1955 in Book 3073 of Official Records, page 282. 7. Crop and Chattel Mortgage dated April 5, 1961 and recorded April 6, 1961 in Book 5127 of Official Records, page 536, executed by Vanson Farms in favor of Bank of America National Trust and Savings Association, (Gilroy Branch), covering the crops grown upon the premises hereinafter described and other property, during the years 1961 and 1962 and thereafter until fully paid, and given to secure the payment of the sum of $20,000.00 with interest thereon, etc. The records do not disclose what interest, in and to the premises hereinafter described, if any, was held by said Mortgagors of the date of the foregoing instrument. 8. Easement for tower line as granted by Deed from Courtney L. Moore and Dixie Lee Rea, to Pacific Gas and Electric Company, a California corporation, dated June 5, 1961 and recorded June 29, 1961 in Book 5215 of Official Records, page 123, over that portion of the premises described as follows: BEGINNING at a point in the Southwesterly boundary line of the 115.85 acre parcel of land described in the Decree of Partial Distribution, dated January 31, 1955 and recorded in the office of the County Recorder of said County of Ranta Clara, in Book 3073 of Official Records, page 282, said Southwesterly boundary line being the Northeasterly boundary line of the 8.317 acre parcel of land conveyed by Abdon Nannini to Coast Counties Gas and Electric Company by need dated June 21, 1949 and recorded in the office Of said County Recorder in Book 1807 of ~fficial Records, at page 218, from which the old stake marking the most Easterly corner of said 8.317 acre parcel of land bears S. 320 05' E. 188.8 feet distant and running thence N. 320 OS' W., along the Southwesterly boundary line of said 115.85 acre parcel of land, 116.9 feet to the most Westerly corner of said 115.85 acre parcel of land; thence N. 580 01' E., along the Northwesterly boundary line of said 115.85 acre parcel Of land, 17.2 feet; thence S. 320 09' E. 116.8 feet; thence S. 570 51' W. 17.3 feet, more or less, to the point of beginning. NOTE: For information purposes, we note the following: 1. The premises hereinafter described were acquired by Order and Partial Decree of Distribution made in the Superior Court of the State of California, in and for the City and County of San Francisco, on January 31, 1955 in the Matter of the Estate of Mary Lee Rea, deceased, Probate No. 130826, a certified copy of which said Order and Decree was recorded on February 1, 1955 in Book 3073 of Official Records, page 272, and the description therein contained is identical with the description hereinafter set forth. 2. The foregoing Instrument has no revenue stamps affixed thereto. 3. The premises hereinafter desoribed are assessed at: Land, $30,020.00 and Improvements, $1,390.00. 4. The address of the vestees as shown upon the assessment roll is: 1060 Mills Tower, San Francisco, California. The real property referred to is described as: All that certain parcel of land situate in the County of Santa Clara, State of California, described as follows: PORTION OF LOT 5, as shown upon 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 F of Maps, at page 31, and more particularly described as follows: BEGINNING at a 4" x 4" stake marked M.B, standing at the most Westerly corner of Lot 5. as shown upon the Map above referred to; running thence along the line between Lots 4 and 5, as shown on said Map; North 580 02' East 44.228 chains to a 4" x 4" stake marked R-O-Hj thence South 320 04' East 26.848 chains to a stake marked R-L-H standing on the line between Lots 5 and 6, as shown on said Map; thence along the line between said Lots 5 and 6, South 570 55' West 35.55 chains to a point in the center of Old Gilroy Road.!. from which point a 4" x 4" stake, bears North 570 55' East 0.~6 1/2 chainsj thence along the center of the Old Gilroy Road, North 830 15' West 11.135 chains to the Southwesterly corner of the aforementioned Lot 5; thence along the Southwesterly line of said Lot 5, North 320 04' West 19.928 chains to the place of beginning. CONTAINING approximately 115.85 acres. (THE POLICY OF TITLE INSURANCE TO BE ISSUED HEREUNDER WILL NOT INSURE, BUT FOR INFORMATION PURPOSES ONLY, WE NOTE, AS APPARENTLY APPURTENANT TO THE PREMISES ABOVE DESCRIBED), the right to maintain the present ditches and the right to drain through said present ditches, over the balance of Lot 5, as granted in the Deed from Henry Hecker and ithel M. Hecker, husband and wife, to Mary Lee Rea, dated October 7, 1920, recorded October 27, 1920 in Book 522 of Deeds, at page 317. (WHEN DRAWING PAPERS, OMIT PORTION IN BRACKETS AND SUBSTITUTE THEREFOR THE WORDS "TOGETHER WITH"). This ~eport is issued preliminary to the issuanee of a Standard form policy of title insuranee and is issued for the purpose of providing information relative to the title to the land to be insured by said policy. It does not include an examination of and the policy of title insurance will not insure against loss by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing auth9rity that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which arc not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims or easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water iights; claims or title to water. b. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting, regulat. ing or prohibiting the occupancy, use or enjoyment of the land, or the character, dimensions or location of any improvement now or hereafter erected on said land, or prohibiting a reduction in the dimensions, area or separation in ownership, of any lot or parcel of land. "PUBLIC RECORDS" WHEN USED HEREIN MEANS THOSE PUBLIC RECORDS WHICH, UNDER THE RECORDING LAWS, IMPART CONSTRUCTIVE NOTICE OF MATTERS RELATING TO SAID LAND. WESTERN TITLE GUARANfY COMPANY SANTA CLARA COUNTY DIVISION By...................,...........,. PRESIDENT . \ , ~io Oq.. A ,&& 7 ~ ~ ~ (;1:j ~ NOT S HOVVN 5ZZ 012 315 l; (,. 6~ f>. \\~. " Co ROAD ROAD) . I PT LOT GO E. H. MARTIN TR. J . THIS.MAP IS Fo.R REFERENCE'ONLY; AND IS'NOT A PART"OF-T1-iIS'POLICY