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Serafin, Frank and Camille l I i _. -.., - ;,;~-...'.. g'10( 44 56 ~:t, G1: ~'.' I , , ,,' Ir~ f"" '" ...... It' :f ~J'} ~ () ~ ~ lj'~ '" tl., ,~"''''''~\ -,,! ',-~,J' iJ .~ ,;. .. '1 ~ ) t t" n (l- eOOf '!l:h.lb ~~~E i, i, "~to FOn HE C ORO /'f" ^ T R F q; .., ~.~ T (I ~ L~ikZ21-4;t~5~ Ui:-\"!( > iUi'\'...}..) 5Mrr A:.," .. " ~~..$:~ -- I,,' i",'r" cJu~n y /s>~..f/, RESOLUTION APPROVING PROPOSED AGREEMENT BETWEEN THE CITY OF GILROY AND FRANK SERAFIN AND CAMILLE SERAFIN RELATING TO EASE~mNT FOR PIPELINE. HE30LUTION 515 Be it resolved by the Common Council of the City of Gilroy that it does hereby approve that certain agreement proposed to be made between the City of Gilroy and Frank Serafin and Camille Serafin now presented to the said Common Council, for approval. Said agreement relating to the conveyance to the City of Gilroy for a right-of-way for a pipeline, and the payment by the City of Gilroy of the sum of $1,000.00 and such damages which may be caused the said Frank Serafin and Camille Serafin because of the use of the right-of-way land for pipeline purposes. Be it further resolved that the Mayor of the City of Gilroy be, and he is hereby authorized to execute the said agreement on behalf of the City of Gilroy, and upon the execution of said agreement by both parties, the proper authorities of the City of Gilroy are directed to cause to be paid to the said Frank Serafin and Camille Serafin the sum of $1,000.00 in accordance with the provisions of the aforesaid agreement. PASSED AND ADOPTED this 15th day of June, 1959, by the fol- lowing vote: AYES: NOES: ABSENT: COUNCILMEN Pate, Rush, Petersen, Wentworth, Gallo, Jordan com~CI LMEN None COUNCI LMEN None APPROVED: ATTEST: :3i P" San che'7, Mayor G. R. Car~r City Clerk I, G. B. CARR, the City Clerk of the City of Gilroy do hereby certify that the annexed copy of Resolution 515 has been compared \ by me with, and is a full, true and correct copy of the whole of " such Resolution duly adopted at and appearing among the official \. minutes of a regular meeting of the Common Council of the City of //Gilroy, held on the 15th day of June, 1959, at which a quorum was ~ present. . I. t' .' t...../ ,J l.. ({ I. L .' City Clerk of the City of Gilroy, County of Santa Clara, State of California. ;.; ',' :~ /.156 P~Gf " '" .', ~", ,:' '~q UJ AGREEMENT 'aU This Agreement; made this ~~ day of June1 1959; by and between FRANK SERAFIN and CAMILLE SERAFIN; parties of the first partg and the CITY OF GILROY; a Municipal corporation; party of the second part, WITNESSETH: That the parties of the first part for and in consider- ation of the payment to them of the sum of $1;000 and upon the terms and conditions hereinafter set forth, for the purpose of enabling the second party to lay; construct; and thereafter main- tain and replace as necessary, a thirty-inch pipeline for the transportation of industrial waste from the City of GilroYr do hereby agree to sell and convey to the party of the second part a perpetual right-of-way or easement over, in; across and through the following described premises located in the Ullnty of Santa Claral state of Californiat to wit: A strip of land of a uniform width of 12 feet and being the westerly 12 feet of the following described parcel of land situated in the Rancho San Ysidro (John Gilroy); to wit: "BEGINNING at the most southerly corner of that certain 3.34 acre tract of land conveyed by Michael Mondelli~ et UX, to Geoo E. Clausen, et UX1 by deed recorded in Volume 1029 of Official Records at page 41, said point of beginning being also in the southeasterly line of Lot 6 of the "Elizabeth Ho Martin Tract" as shown on the map thereof recorded in Book "F" of Maps at page '3 t Records of Santa Clara County, and running thence along said southeasterly line of Lot 6 S. 51 15[ Wo 138057 feet; thence N. 150 48' 20" Wo 262089 feet; thence along a curve to the right tangent to the last mentioned line with a radius of 543.00 feet, through a central angle of 120 29[ for a distance of 118.31 feet; thence tangentially N. 30 191 20" W. 186019 feet to a point in the southerly line of the Pacheco Pass Highway (IV-SCl-32A); thence along said southerly line s. 800 06a 50" Eo 38038 feet to the intersection thereof with the westerly line of said 3.24 acre parcel of land conveyed to Clausen; thence along said westerly line So 60 301 Wo 135000 feet; S. 400 40a Eo 162076 feetr and S. 210 45a Eo 220.00 feet to the point of beginningl and CONTAINING 'I'HEREIN 0,732 acre of land, more or lesso" TOGETHER with the necessary working space adjoining the - 1 - ~' t V' 'II.... I ~' ill '\" l.: PA['t' [:It;' ~! ..-/..) .~J I easterly line of the said 12 feet strip of land for the movement and operation of men and equipment during the initial construction and laying of the said pipeline and for the necessary repairr maintenance and replacement thereaftero The party of the second part agrees to purchase the said easement and right-of-way and to pay therefor the said sum of $1~000 in current and lawful money of the United states of America, upon the execution of a conveyance conveying title to the aforesaid easement and right-of-way to the party of the second partr free and clear of encumbrances. It is understood and agreed that the party of the second part will pay to the parties of the first part all damage to crops growing upon the easement land during the year 1959 and for damage to any other crops caused by or resulting from the original construction and/or installation of the aforesaid pipeline of the party of the second part, or thereafter caused by or resulting from the maintenance, repair and/or replacing of said pipelineo Party of the second part further agrees that in the, lay- ing, construction and installation of the pipeline and any subse- quent repairs, maintenance or replacement thereofr it will avoid as far as is reasonably possible the flying of dust so as to damage adjoining cropso The damage to crops arising out of the operation of the party of the second part shall include crops damaged because of the inability of the parties of the first part to irrigate crops by reason of the second party[s operationso It is agreed that the party of the second part, in the laying of its pipeline and thereafter in its maintenance thereof, will fill the trench into vvhich the pipeline is laid so that when the replaced earth is settled, it will be of the same level as the adjacent undisturbed soil. It is underEtood that any damages for which the defendant - 2 - -r , is ~iI(' liabt~ jri\~~ ~~~ P~~visions of this agreement shall be paid to the parties of the first part as soon as the amount thereof is determinedo In the event there is any dispute between the parties of this agreement as to the amount of damage or the cause thereof! the same shall be submitted to arbitrationo Each of the parties hereto shall select an arbitrator and if they cannot agree, they shall select a third arbitrator~ and the agreement of any two of the three arbitrators shall be binding upon the parties of this agreement 0 It is understood that upon the execution of this agreement the aforesaid easement shall be forthwith conveyed to the city of Gilroy free and clear of encumbrances and upon such conveyance the said sum of $1~000 shall be paid to the parties of the first part. It is also understood that this agreement shall bind the heirs; successors and administrators and executors of the parties of the first part and each of theffio IN WITNESS WHEREOF we have hereunto set our hands and seals this 11i~ day of June1 19590 / I J' . / /" ,.0 "'"" / ..(' /'11/1' /'/ l ((/(1/1.(/- ' ,<).( t'-V~{'./2l. -~,---6:/~~~, y arties of the/Fi~~t / ,;1-.-, CITY~~:L~' d By ~,_;{ , " "L:.e.:'7'Z( ,''';'.~ M Y ). o d Party of the Second Part ~ .... - \ 1 \ ~:~ ~~iaa..a, J... ON THIsL2cf".n.u day 01 m~....u... in the year One Thousand Nine Hundred and ~-n~~'.~...' before me, SYDN~~'~::~~N. a Notary Public in and for said 'County of Santa Clara, r.fs'idfng- 'therein, duly commissioned and sworn personally appeared -5~,:,~-~~~~~-~=-~-::~-:-:_:------- :~~'," ,'.,' "",:,c-~nown to me to be the person.5..n.. described in. whose name..sh__n~m subscribed " " . . :'t?:, and who executed the annexed instrumen~, and --...:theY-.nn acknowledged to me .~,t~at ____..:theyu.u. executed the same, ____.__unummh__..__.nunuu...__......mmu.____nnn..__nU..n ;: 'JNWITNESS WHEREOF I have hereu to set my hand an~ affixed my official seal, , ,.' c. ".-, at my off'" in the C~U~:~"f ~antmCI,,:::he_ da~bov~=it:'n My Comm'"ion oxpi", ~ t; If iPtJ iu and f>'--;hicoun~Oof :'~ta c'i.~~~ State of Calif>,nia.