San Martin Vineyards Company, et al (2)
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EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF UNDERGROUND UTILITIES
THIS INDENTURE, Made this 28th day of July, 1965, 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 County of Santa Clara, State of
California, Parties of the First Part and CITY OF GILROY, a Municipal Corporation in
the County of Santa Clara of said State, the Party of the Second Part;
WIT N E SSE T H:
- - - - - - - - - ON E H UN DR E D F I V E
That for and in consideration of the sum of ~-i~'.~ DOLLAR~ cash in hand
paid, the receipt of which is hereby acknowledged, 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 for the installation and maintenance of underground utilities, under, in,
and across the following described lands located in the County of Santa Clara, State of
California to-wit:
PARCEL ONE
A strip of land 20.00 feet in width, the northerly line of which is
described as follows: "Beginning at a point that is N. 0049130"E. 5..00
feet from the northwesterly corner of that certain 11.285 acre parcel
of land as described in the 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,
P1aintiff~ vs. San Martin Vineyards Co., a co-partnership, et a1,
defendants, Case No. 116021 ~ 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.89010130"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. 150451E. 888.33 feet
from the southwesterly corner thereof," and also
PARCEL TWO
A strip of land 5.00 feet in width, the southerly line of which is
described as follows: BEGINNING at the northwesterly corner of said
11.285 acre parcel and running thence along the northerly line thereof
S.89013130"E. 146.64 feet; thence along a curve to the left with a
radius of 1000.00 feet, through a central angle of 1803213011 for a
distance of 323.76 feet to the southeasterly corner of Tract No. 3012,
"Cast1ewood Park, Unit No.4" as shown on the map thereof filed for
record in Book 136.of Maps at page 21, Santa Clara County Records."
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including the perpetual right to enter upon the said easement land at any time that
it may see fit, and construct, maintain, and repair underground utilities, across,
through, and under the land hereinbefore described, together with the right to exca-
vate and refill ditches and/or trenches for the location, placing, replacing and
repair of said lines and the further right to remove trees, bushes, undergrowth, and
other obstructions, if any, interfering with the location, construction, repair and/or
maintenance of said utility lines.
~
These easements are granted to the party of the second part upon the following
condi tions:
1. That the Parties of the First Part may continue to extend
irrigation lines under, above and across the above described
easement, provided, however, that these irrigation 1 ine1s
extension shall not be construed to require the relocation of
any utility lines placed within said easement by the City of
Gilroy.
..
2. City agrees to complete the work of installing any utility
line within said easement as expediously as reasonable and in a
workmanship like manner. Any damages resulting to the First
Parties lands and trees adjacent to the easement described herein,
as a result of City1s works of install ing a water 1 ine under this
grant of easement, shall be repaired, replaced or compensated for
by City. City shall attempt to replace the lands within the
easement area to reasonably the same condition as said lands ex-
isted prior to City entry.
"".
3. The grantee will install and maintain a water line within
said easement at no cost or expense to first parties except the
sum of $2.50 per front foot of any future subdivision on the First
Parties lands adjacent to said easement, CityJs on-site area water
fees and any meter installations required shall be paid if, and
when, First Partiels lands, through which said water line extends,
are subdivided in accordance with the ordinances, resolutions and
standards adopted by the City of Gilroy or its legislative body.
IN WITNESS WHEREOF the farties of the First Part have hereunto set their hands
the day and year first hereinabove written.
BY
BY
V I NEYARDS CO.
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SAN MARTIN
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COUNTY OF SANTA CLARA )
On thi s"2 vMi day of9E-~4~, 1965, before
me SYDNEY:S~oJOHNSON; a Notary Public in and
for said County of Santa Clara, residing BY
therein, duly commissioned and.sworn person-
ally appeared K. L. PETERSEN known to me to
be the Mayor of the City of Gilroy and the BY
person whose name is subscribed to the above
instrument as said Mayor, and acknowledged to me
that he executed the same as said Mayor on ~ehalf of the
City of Gilroy. IN WITNESS WHEREOF, I have hereunto set myc
hand and affixed my official seal, at my office in the County
of Santa Clara, the day and year first above written.
STATE OF CALIFORNIA
BY
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STATE OF CALIFORNIA )
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County of Santa Clara )
BOOK 7119 rVE 681
On this 28th day of July, 1965, before me, A. R. Sandstrom
Notary Pub 1 i c in and for sa i d County and State, persona 1l Y' appeared M. J. F II.)CE,
JOHN M. FILICE, P. C. FILICE, PASQUALE L1CO, FRANK C. FILICE, partners, knowhto me to
be the persons whose names are subscribed to the foregoing instrumenf';) and acknowledged
to me that they executed the same. A / i
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My Commission expires May 21, 1966
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BOOK 711 gf)MJ 682
CERTIFICATE ACCEPTING CONVEYANCE FROM SAN MARTIN
VINEYARDS CO. CONVEYING RIGHT-OF-WAY PREMISES AND
CONSENTING TO THE RECORDATION THEREOF
This is to certify that the interest in real property conveyed
by the Deed or Grant dated the 28th day of July, 1965, from SAN
MARTIN VINEYARDS CO., a co-partnership composed of J. J. FILICE,
JOHN M. FILICE, P. C. FILICE, PASQUALE LICO and FRANK C. FILICE,
to the CITY OF GILROY, a political corporation, is hereby accepted
by the undersigned officer or agent on behalf of the Council of
said City, pursuant to authority conferred by resolution of the
said Council adopted on the 6th day of July, 1965, and the grantee
consents to the recordation thereof by its duly authorized officer.
Dated: September 22, 1965
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BOO~ 71.1 9 j'i\CE 683
RESOLUTION NO. .2.2.2...
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
ACCEPTING CONDITIONS SET FORTH IN DEED FROM SAN
MARTIN VINEYARDS CO., TO CITY OF GILROY, RECONVEYING
A RIGHT-OF-WAY TO THE CITY OF GILROY
WHEREAS, the City of Gilroy requires a right-of-way over the
premises hereinafter described belonging to San Martin Vineyards
.
Co., a co-partnership composed of M. J. Filice, John M. Filice,
P. C. Filice, Pasquale Lico and Frank C. Filicet and
WHEREAS, the said premises hereinbefore mentioned as described
in said conveyance are located in the County of Santa Clara, State
of California, and more particularly described as fOl19ws, to wit:
Parcel One:
'A strip of land 20.00 feet in width, the northerly line of
which is described as follows: "Beginning at a point that
is N. 00 491 30lt E. 5.00 feet from the northwesterly corner
of that certain 11.285 acre parcel of land as described in
the 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-part-
nership, et al, defendants, Case No. 116021, 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. 89Q la' 30ft 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 Dead
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 south-
westerly corner thereof,1I and also
Parcel Two:
A strip of land 5.00 feet i.n width, the southerly litie of
which is described as follows: BEGINNING at the northweeterly
corner of said 11.285 acre parcel and running thence along the
northerly line thereof S. 890 13' 30" E. 146.64 feet; thence
along a curve to the left with a radius of 1000.00 feet, through
a central angle of 180 321 30" for a distance of 323.76 feet
to the southeasterly corner of Tract No. 2012, "Castlewood
Park, Unit No.4" as shown on the map thereof filed for record
in Book 136 of Maps at page 21, Santa Clara County Records.f1
and
WHERE}\S, the said named o\vners are willing to grant the right-
of-way to the said City of Gilroy under the follOWing conditions:
1. That the San Martin Vineyards Co. may continue to
extend irrigation lines under, above and across the
above descri~d easement, provided, however, that these
irrigation lines extension shall not be construed to
require the relocation of any utility lines placed
within said easement by the City of Gilroy.
( 1)
BOOK 711Q [1,\r;( 684
2. The City of Gilroy agrees to complete the work of
installing any utility line within said easements as
expediously as reasonable and in a workmanshiplike
manner. Any damages resulting to the San Martin Vine-
yards Co. lands and trees adjacent to the easement
described herein, as a result of the City of Gilroy's
works of installing a waterline under this grant of
easement shall be repaired, replaced or compensation
for by the City of Gilroy. City shall attempt to
replace the lands within the easement area to reasonably
the same condition as said lands existed prior to City
entry .
3. The City of Gilroy will install and maintain a waterline
within said easement at no cost or expense to the San
Martin Vineyards Co. except the sum of $2.50 per front
foot of any future subdivision on the lands of the San
Martin Vineyards Co. adjacent to said easement~ the
City of Gilroy's on-site area water fees, and any meter
installations required shall be paid if and when San
Martin Vineyard Co.'s lands, through which s~ip waterline
extends, are subdivided in accordance with the ordinances,
resolutions and standards adopted by the City of Gilroy
or its legislative body.
and
~r.mREAS, the City of Gilroy is willing to accept the said
conveyance subject to the said conditions,
NOW THEREFORE, BE IT RESOLVED that the City of Gilroy shall
and does hereby accept the conveyance of the premises hereinbefore
mentioned and described in the said conveyance which is dated the 28th
day of July, 1965, subject to the conditions hereinbefore set forth:
AND BE IT FURTHER RESOLVED that the said Deed containing the
said conditions be recorded as soon as the same has been received by
the City of Gilroy.
PASSED AND ADOPTED this 20th day of September, 1965, by the
following vote:
AYES:
COUNCILMEMBERS Allemand, Eckard, Goodrich,
Quartiroli, Wentworth and Petersen.
COUNCIIMEMBERS ;\1 one.
NOES:
ABSENT:
COut~CILMEMBERS Duffin.
APPROVED:
ATTES'l"
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Mayor
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Susanne E. Payne
City Clerk
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BOO~ 7119 P,\(E 685
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SUSANNE E. PAYNE
, City Clerk of the City of
Gilroy, do hereby certify that the attached Resolution No. 965
is an original resolution, duly adopted by the Council of the
City of Gilroy at a regular meeting of said Council held on the
20th
day of
September
, 19...22., at which meeting
a quorum was present.
, IN WITNESS WHEREOF, have hereunto set my hand and
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,,,'" \ _afh~~,~he official seal of the City of Gilroy, this 21st
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