San Martin Vineyards Company, et al
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EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINE
THIS INDENTURE, Made this3 0 ~day of June, 1961, between
SAN MARTIN VINEYARDS CO., a co-partnership composed of M. J. FILICE
JOHN M. FILICE, P. C. FILICE, PASQUALE LICO, and FRANK C. FILICE,
of the Co~n.ty of San't,a Clara, State of californ1a, Parties of
the First Part and CITY 0," GILROY, a Municipal corporation in
the county of Santa Clara of said State, the party of the second
part;
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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 perman-
ant easement and right of way for the installation and mainten-
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ance of ~ underground .sanlt.llryse.wGl;-J.,.~ over, under, in, and
across the following described premises located in the County of
Santa Clara, State of California to-witt
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A strip of land 10 feet in width, the southerly line of
which is described as follows:
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"BEGINNING at a point that is N. 00 491 30" E. 5.00
feet from the northwesterly corner of that certain 11.285
acre parcel of land as described in tha Final Order of
Condemnation entered in the Superior Court of the State
of California, in and for the County of Santa Clara,
entitled "Gilroy School District of Santa Clara County,
Plaintiff, VB. San Martin Vineyards co., a co-partner-
ship, at a1, defendants, Case No. 1160211" a certified
copy of said order being filed for record on August
24, 1960 in Volume 4896 at page 254 of the Official
Records of Santa Clara County, and running thence N. 890
10' 30" W 2160.05 feet, more or less, to a point in
the westerly line of that certain 157.788 acre parcel
of land as described in the Deed to the San Martin
Vineyards Company by Deed recorded in Book 2627 at page
215, Official Records of santa Clara County, distant
thereon N~ 150 45' E. 888.33 feet from the southwesterly
corner thereof, and also
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2.
A STRIP OF LAND 15.00 feet in width, the southerly line
of which is described as follows: BEGINNING at the north-
westerly corner of the said 11.285 acre parcel of land
of the Gilroy School District and running thence along
the northerly line thereof S. 890 13'30" E. 146.64 feet;
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thence along a curve to the left with a radius of 1000.00
feet and a central angle of 180 32' 30M for a distance
of 323.76 feet;
TOGETHER WITH the necessary rights of ingress, egress,
and ~rorkin9 space for the original installation of the
line.on the above described premises.
3. AND ALSO an easement for the installation and mainten-
ance of an underground sanitary sewer line over, under,
on and across a str~ of land 70.00 feet in width, the
centerline of which is described as follOWS. BEGINNING
AT THE west:ernmo$tterminus of the centerline of Fourth
stl:eet as shO\oln 011 the Map of Tract. No. 2023, Castle-
".rood Park, Unit No.3, which map is recorded in Book
90 of Maps at pages 40 and 41, Records of Santa Clara
County, California, and running thence N. 8go 13' JO"
\'1. 150.00 feet."
inCluding the perpetual right to enter upon the said easement land
at any tuae that it may see fit, and construct, maintain, and
repair __ underground ;~1'~~~~";'&t..'er-'1.i:fte~'fo.;r;'..U1G",..p\U1pefH!.of ~
cOR\.peyift," 'BQwa~ Ov{:,:r, across, through, and under the land 't
hereinbefore described, together ""'lith the right to excavate and
refill ditches and/or trenches for the location, placing, re-
placing and repair of said &8wer 1inesand the further right to re-
move trees, bushes, undergrowth, and other obstructions, if any,
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interfering with the location, construction, repair, and/or
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maintenance
These easements are granted to the party of the second
part upon the following conditions:
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1. That the Parties of the First Part may make connections t
onto and with that part of said sanitary sewer line that is la1
and constructed in and on the easements above described
or any part thereof if required in the development of
a subdivision or subdivision of the land through which
said easements extend upon the same conditions applying
to other subdivisions in territory annexed to the City
of Gilroy.
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2. Parties of the First Part may use the easement property, ~
both surface and subsurface if such use does not interfere .~~
with or injure the said pipe line o. r......w1.t...h.'- ;r:t'p.1'\t.ets .J.. ~~.A1~i
access thereto, .~ 2',) C.i,.{~l :r~ ;7 J
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3. The grantee will install apd maintain t_,~;,aa.:td:..U.WJir
line within said easements.;~o cost or expense to first
parties except the sum of .,~.'-i;tntnl'1"-'foM.~~i"Ei
8ew~r ,line"-w~ said easementsV. be paid if, wben, and
as First Parties said property, through which said
a4!leI line extends is subdivided. in accordance with",
l-u~~,q., ,.~t~l .' " ~. r~$.i_ W,)I N~~~ l~f.1f,jA. /'
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'If'frll ~319 f' ~~[ Jt 06
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the ordinances, resolutions and standards adoJ.'>tErtd,l:'>r.._
the City of Gilroy or its lesislative body,4ii,l'upon" ',-""",,
the further conditions that if the srantee does not
install said sewer line on or before the t~e the said
premises are subdivided the First Parties shall have the
right to furnish and install the sewer line within the
easement premises if done in accordance with the plans
specifications and requirements of the said City of
Gilroy and the cost of such installation, including
the pipe, shall be forthwith paid to First Parties
upon completion thereof less the sum of $2.00 per
lineal foot of line so furnished and installed.
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4. That the Gilroy Elementary School District of Santa
Clara County grant to said Second Party an easement for
a sanitary se-.ver line and a storm drain over a strip of
land of a uniform width of 30 feet along and ~ediately
west of the easterly boundary line of that certain 11.285
acre tract of land as described in the Pinal Order of
Condemnation entered in the Superior Court of the State
of California, in and for the County of Santa Clara,
en'titled "Gilroy School District of Santa Clara County,
plaintiff, va. San Martin Vineyards Co. a co-partnership
at als defendants', case No. 116021", a certified copy
of which is on record in the office of the County Recorder
of Santa Clara County Volume 4896 of Official Records
at page 254, and also an easement for said sanitary sewer
line over a strip of land of a uniform width of 31.23
feet, the northerly line of Which is the northerly line
of said 11.265 acre tract above u'lentioned, said sanitary
sewer line to be a part of the same sanitary sewer line
of which the sewer line to be constructed on the ease-
ments herein granted by First Parties 1s aleo to be a
part.
IN 'WITNESS wHEREOF the Parties of the First Part have
hereunto set their hands the day and year first he~einabove written.
SAN MAR'.tIIN VINEYARDS CO.
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. Pattners
STATE OF CALIFORNIA )
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County o~ Santa Clara )
c',".... ~ri' t.ju.s,Bo~ day of June, 1961, before me, SYDNEY S. JOHNSON,
.a:. N~:t~l:Y PubMc in and for said County and State, personally appeared
,.,.i.~~il!"ILICE,;QHN M. FILICE, P.C. FILICE, PASQUALE LICO, FlANK C.
,'(~ICE, par~rs, known to me to be the persons whose names are
i:~};)s~r1bedt:.Q." the foregoing instrument, and acknowledged to me
~~~~~l!~uted the sams. ~~~~
- 3 - Notary nublic
RESOLUTION NO. 629
Boox:J:JlrJ PAGE 40 7
RESOLUTION Of THE COUNCIL OF THE CITY OF GILROY ACCEPTANCE CONVEYANCE
Of LAND BY SAN MARTIN VINEYARDS COMPANY FOR EASEMENT PURPOSES.
BE \T RESOLVED that the Council of the City of Gi lroy does hereby
accept the attached conveyance of ..sements for rights of way for
sanitary sewer pipe line, executed by San Martin Vineyards Company
dated June 19, 1961, and consents to Its recordation.
PASSED AND ADOPTED this 19th day of June, 1961, by the following vote:
AYES: COUNCil MEMBERS:
NOES: COUNCil MEMBERS:
ABSENT: COUNCil MEMBERS:
Duffin,Goodrich,Jordan,Petersen,Quartlroll,
and Sanchez.
None
Wentworth
APPROVED:
SIG SANCHEZ
51g Sanchez
Mayor
ATTEST:
SUSANNE Eo PAYNE
City Clerk
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SUSANNE E. PAYNE
,
City Clerk of the City of Gilroy, do hereby c€rtify that
the attached Resolution No.
62q
is an original
resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the
19th
day of
June
, 19..2l, at \,hich
meeting a quorum ~as present.
IN llITNJ:SS l'lHEREOF, I have hereunto set my hand
and affixed the official seal of the City of Gilroy, this
2 1st day of
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