Noll, Alvin
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2010090
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BaOf 5192 PAGE '7U8
RESOLUTION NO. 626
RESOLUTION ACCEPTING DEED
BE IT RESOLVED that the CITY OF GILROY does hereby accept the attached
deed dated May 29, 1961, conveying a right of way by ALVIN NOLL to the CITY
OF GILROY over a strip of land of uniform width of 15 feet for the purpose
of constructing, laying, repairing, replacing, and maintaining a sewer line
and that said CITY OF GILROY does hereby consent to the recordation of said
deed.
PASSED AND ADOPTED this 5th day of June, 1961, by the following vote:
AYES: COUNCIL MEMBERS: Duffln,Goodrlch,Jordan,Petersen,Quartlroll, Went-
worth, and Sanchez.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
APPROVED:
SIG SANCHEZ
Slg Sanchez, Mayor
AnEST:
SUSANNE E. PAYNE
Susanne E. Payne, City Clerk
I, SUSANNE E. PAYNE, the undersigned, City Clerk of the City of Gilroy,
do hereby certify the foregoing to be a full true, and correct copy of a
resolution unanimously adopted at a regular meeting of the Council of the
City of Gilroy, duly held on the 5th day of June, 1961, at which a quorum
was present.
IN WITNESS WHEREOF I have hereunto set my hand and fixed the Official
Seal of the City of Gilroy this 7th day of June, 1961.
,/::42 t()amu.~ 0, til" ,
City Clerk of the City Q
2010010 \
JOO'- 5192 PAGE iOP
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Boo,51U2 PAGE70P
EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINE
THIS INDENTURE, made this 29th day of May, 1961, between
ALVIN NOLL, of the County of Santa Clara, State of California
Party of the First Part, and CITY OF GILROY, a Municipal Corpor-
ation in the County of Santa Clara of said state, the Party of
the Second Part;
w 1. T 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 Party of the First Part has this day bargained
and sold, and by these presents does 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, 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 fO.llows:
BEING a portion of Las Animas Ranchlot 48 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, County
of Santa Clara, and being also a portion of the certain
67.227 acre parcel .of land shown on Map entitled "Record
of Survey for A!.vin Noll", which map is recorded in the
office of the County Recorder of Santa Clara County,
California, in Book 74, at page 33.
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BOar. C1- '- ,,~ P.4GE I J.. P
The easement and right of way hereby granted covers and
includes a strip of land of a uniform width of 10 feet
over and across the above described land, the Southeasterly
line of which said strip of land is the Southeasterly line
of the 67.227 acre parcel of land above referred to and
extending from the most Easterly corner thereof:
In addition to the said permanent easement the First Party does
also grant to the Second Party the right to use and occupy
for the purpose of initial construction of said sewer line a
strip of land 26 feet in width lying immediately Northwesterly
of the above described easement and extending for the full length
thereof.
The said easement is granted to the Party of the Second Part
upon the following conditions:
1. That the Party 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 said 67.227 acre tract of land
or incidental thereto, if suitable for disposal in said
sewer line, but excluding any sewage arising out of any
co~~ercial enterprise or plant though relating to agriculture
which may be established or operated on said 67.227 acre
tract of land: any use so made of said portions of said
sewer line by First Party 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 be run into said sewer line.
2. First Party 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.
IN WITNESS WHEREOF the Party of the First Part has hereunto
set his hand the day and year first hereinabove written.
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STATE OF CALIFORNIA )
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County of Santa Clara )
On this:21,r;( day of May, 1961, before me, SYDNEY S. JOHNSON, a
.'. 1";~Q.~arY'~J)ublic in and for said County and State, personally appeared
..\)\..,' 1 ~,~V~, NOLL, known to me to be the person whose name is subscribed
:::-"~( >:"~:,:,,,:~:t.il~1 foregoing instrument, and acknowled'ged to me that he
.~,,~. :";",<. \;'.,ej{eti~t~d the same. .
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