Pacific Gas & Electric
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AF'l'BR Rl!CORDINGj Rln'URN TO:
2158305
FOR mx::ORDER' S USE ONLY
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PACIFIC GAS AND ~TRIC COMPANY, a California corporation, hereinafter called
Pacific, hereby grants to CITY OF GILROY, a municipal corporation of the State of
California, hereinafter called City, the right to excavate for, install, replace
(of the initial or any other size), maintain, and use a sanitary sewer within the
strip of land, situate in the County of Santa Clara, State of California, described
as follows:
Beginning at a point in the northeasterly boundary line of lot 40,
as said lot 40 is shown upon Map No. 7 accompanying the Final Report of
the Referees in the Las Animas Rancho Partition Suit, Action No. 5536
in the Superior Court of the State of California in and for the County
of Santa Clara, said northeasterly boundary line being the boundary line
between Rancho San YSidro and Rancho Las Animas, from which a 2 inch by
3 inch stake set in the northeasterly boundary line of said Lot 40 and
marking the westerly common corner of lots 4 and 5, as said Lots 4 and 5
are shown on the map of the Elizabeth H. Martin Tract filed for record in
the office of the County Recorder of said County of Santa Clara in Book F
of Maps at page 31, bears S. 320 05' E. 71.88 feet distant and running
thence S. 320 05' E., along the northeasterly boundary line of said Lot
40, a distance of 188.95 feet; thence N. 590 37' w. 39.50 feet; thence N.
2) 19' w. 155.00 feet, more or less, to the point of beginning.
Pacific reserves the right to replace, maintain, and use its existing electric
transmission lines across said strip of land and the further right to erect, in-
stall, replace, remove, maintain, and use, in, on, along, and across said strip
of land such underground pipe lines, for any and all purposes, and underground and
overhead electric and communication lines, as it shall from time to time deem neces-
sary in the oonduct of its business.
v/.AnY trench made by City, or on City's behalf, within five (5) feet of, or under,
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~CifiC' s existing towers on said strip of land shall be excavated by hand and City
ISball so conduct its operations hereunder in such a way as to avoid any damage to
said towers.
The footings for said towers extend 1.5 feet above the natural surface of the
ground and City shall not alter this distance by depositing any fill around said
footings.
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City shall not alter the grade of said strip of land and shall promptly back- .
fill any trench made by it upon said strip of land so as to leave the surface of
the ground thereover as nearly normal as possible.
No tools, machinery, equipment, or materials shall be IOOved or operated within
six feet of any wire in any of Pacific's existing electric transmission lines.
Violation of this provision is a misdemeanor under Section 385 of the Penal Code
of the State of California.
Insofar as it can legally do so, City shall indemnify Pacific against and mld
it harmless from any and all loss, damage and liability for damages, whether for
damage to or loss of property, or injury to or death of person, which shall in any
way arise out of or be connected with City's operations hereunder, unless such
damage, loss, injury or death shall be caused solely by the negligence of Pacific.
The rights hereby granted City shall terminate in the event that City shall
fail for a continuous period of five years to maintain and use said strip of land
for the aforesaid purposes.
Upon any termination of the rights hereby granted, City shall execute and
deliver to Pacific a good and sufficient quitclaim of sa.id rights. Should City
fail or refuse to deliver such quitclaim to Pacific within ninety days after
written demand therefor, Pacific may execute and record a written notice reciting
such termination and City's failure or refusal and, after ten days from the date
of recordation of such notice, it shall be conclusive evidence of the termination
of said rights against City and all persons claiming under City.
The foregoing grant is made subject to all liens and encumbrances which may
affect said strip of land and 'the word grant when used herein shall not be deemed
to be a covenant against the existence of any thereof, and is further made subject
to all of the provisions of General Order No. 69, and of the requirements of
General Order No. 95, of the Public utilities Commission of the State of Cali-
fornia in like manner as though said provisions were expressly set forth herein.
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Boor 'J)\j PAGE. 02
The provisions hereof shall inure to the benefit of and bind the respective
successors and assigns of the parties hereto.
IN WITNE3S WH.E.RIDF the parties hereto have executed these presents in dupli-
cate this
5th
day of
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....0.. 3.80 State of California ---...:--
..g'~~~"~!?-'~"",,,,,CONnJY OI...f?~...~~~iSCO j II.
o h' 1 ~th M h ........................
n I 1S.......I......d"'" of arc . h 62
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....Rita..J......Gr.e.en .. '.:.' " (j I . . ........, ore me,
Ci t &".. ~.~.,:.:..-..L...4l'!9/~ry PNbl,c In MId lor Ihe laUl
.......Y...........CoNnty. Jltly.comm .t:dneiJ' J
......,......~...,..~'f.:,.M?-~.~QAi..~~.:~.!.:i~;$;;~~:.~.~ppeared
known 10 me t"'b~t.e...:.YJ'9.~.~~r_~.~:~:;.~: Exec. E.........'...
,....~...~~.~~~~~.' -: :..:.~......._.........:ngr.!.".......
withi" and 10;",:l,'o" L r:.:......................ot, Jb.4 eo.f'(Jgralion thai execNted Ihe
h " & ~golnstrNmenl MIa 1'0 7;,.JI1. p e! h
t e laid "IStNl~';f>fl IJehrtJl 0; '/IiJ-.. . '" . erso"."". w 0 execNled
ilCknowledged I '!/~4J IrII 11 ,t c.'?"i'~r'aJ'on therein named, and
mBnl p.rStllmJ 10 . s i ~ 'CfW';;::~OfI ex~cNled the wilhin instrN-
In Witness W'~'. ,,)' rlll"41 ,on 01 tIS board 01 directors.
, '.,,' tt.;'/J;rtltl. hereNnlo sel my hand MId affix d
official selll, in Ihe....fi:-~~i~ ;.~~r.1JJJ.r;.1.~;Q.~y
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R~~~y~N~f,eemn lor Jh,....c.i:ty......~~d.... .C...........
pj.. San Franci s . ................., ollnl'}
MY...CommIs.slon.~~xpTres :S!j:D.~ ctgr:i~ i
March
, 1962.
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BY.
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CITY OF GILROY
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By _2<-e:~ _:; a..A1.<<"/::_~ /,,/
Its Mayor / d
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Attest (J 2 UUY/f/MU !i:<.~~';~(
City Clerk , :' }"f ,': ' \ 1:'-
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San Jose
City of Gilroy
T.llS. ,R.4E.,
M.D.B.& M.
43
Prepared, .1.1111::......._
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f E.8l!' '62
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Boor 5502 PAGE 303
i~ESOLUTIO~NO. .-2.Z&
ilESOLUTIO~l OF THE COUNCIL OF THE Crry OF
GIL.tOy ACCF:PTLiG CO;\;V A LA:JD
PACIFIC GAS A~!D Ti~IC FOn
T PU.t\.;"'Q3E3.
BE IT 1'l,!{:jOLVFD, th,~t the Council of the City 0;"
Gilroy does hereby c:.!ccept the att;lched conveyance O;'1!1
easement for
sanitary sewer pipe line, executed by
the clric Gas and Electric Company dated Yarch 5,
1962, and consents to its recordation.
PASSED
D ADOPTED this 5th day of l":arch, 1962,
by the fol1owin~ vote:
AYES: COUNCIL
5: D~ffln,Goodrlch,Jordan,Petersen,
Quartlroll ,Wentworth,and Sanchez.
: None
NOES: COUUCIL
T: COel\fCIL
: None
A P?HO'JEli:
S,I G. SA~CHEZ
IV! AYO.t:.
\ TT1~:~'r:
SUSANNE E. PAYNE
CITY CLfltK
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BGOr J,')U2 PAGE .104
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SUSANNE E. PAYNE
, City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution No. 676
is an original resolution, duly adopted by the Council of the
City of Gilroy at a regular meeting of said Council held on the
5th
day of
March
. 19~, at which meeting
a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and af-
.fi~~d~he official seal of the City of Gilroy, this 6th day
March
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