Southern Pacific Transportation Company
Suganne E. Steinmetz,City Clk
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
August 24, 1993
NO FEE PER GC SEC 27383
-,
L.D
12144555
rJ
~j \'.~ '~~
~/
(fI c::J
Page 1 ~b 3~
r-;.4~
~~;~o r:::r;,
'jCOj;>
~,~~~
;11 c'"
Z
"..-'1
:z:
o
c..n
~~1
::j
. '.
"T:
e~ ~ln
;pc
~ g~; ~
ITI ~. C")
(J'lrr M
-io
00
.." :r:
c:;
c.n
N
STREET OR HIGHWAY EASEMENT
V'I C')
w .-
~~
-<
..
<..0
u..>
THIS INDENTURE, made this ~ day of "= )1'oi"
, 1993,
by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, herein
,
called "Railroad," and CITY OF GILROY, a municipal corporation of
the State of California, herein called "Grantee";
WITNESSETH:
1. That Railroad hereby grants to Grantee the right to
construct, reconstruct, maintain and use a street or highway,
hereinafter termed "highway," upon and across the real property
described on the attached Exhibit "A" attached and made a part
hereof.
2. The rights herein granted are expressly limited vertically
and shall not extend beyond a plane parallel with and twenty (20)
feet above the roadway surface of the highway as originally
constructed, except that lighting fixtures and similar highway
appurtenances may extend above said plane, provided that any such
facilities will be removed or rearranged within thirty (30) days
after notification from Railroad that such facilities interfere
with Railroad's intended use of the space above said plane.
3. This grant is subject and subordinate to the prior right
of Railroad, its successors and assigns, to use all the property
described herein. There is reserved unto Railroad, its successors
and assigns the right to construct, reconstruct, maintain and use
and remove existing and future transportation, communications,
power and pipeline facilities in, upon, over, under, across or
along said property. In the event Railroad trackage facilities are
removed from said property, Railroad shall not be obligated to make
any change in the grade of said highway. Railroad's title to
underlying property shall not be affected.
4. The rights herein granted shall lapse and become void if
the construction or reconstruction of said highway is not commenced
within two (2) years from the date first herein written.
5. This grant shall not be construed as conveying or
otherwise vesting in Grantee the right to install or to authorize
Form C.S. 7362
REJ/jej.GILROY
August 24, 1993
Page 2 of 3
:z:
o
CJ1
the installation of any ditches, pipes, drains, sewer or
underground structures, or the facilities of any telegraph,
telephone or electric power lines in, upon, over, under, across or
along said property, except as necessary for maintenance of said
highway.
-0
:D
C")
M
6. Grantee shall obtain any necessary governmental authority
to construct, reconstruct, maintain and use said highway. Any
contractor performing work on the property herein described shall
execute Railroad's standard form of Contractor's Right of Entry
agreement prior to commencing any work on Railroad's premises.
c..n
N
N
7. Except as herein otherwise provided, Grantee shall bear
the entire expense of constructing, reconstructing and maintaining
said highway. The crossing of said highway over any tracks of
Railroad shall be constructed and maintained at the grade of said
tracks now or hereafter existing. After the construction or
reconstruction of said highway has been completed, Railroad shall
maintain the surface of that portion of said highway between lines
two (2) feet outside the rail of each track located thereon.
Should Railroad abandon tracks leading to said highway, Railroad
may leave the rails, ties and appurtenant materials located therein
or thereon in place. In such event, Railroad shall not be liable
for maintenance of the portion of said highway specified above.
8. As part consideration hereof, Grantee agrees to pay
Railroad an amount equal to all assessments levied by order of any
lawful body against the subject property of Railroad (and which may
have been paid by Railroad) to defray any part of the expense
incurred in connection with the construction or reconstruction of
said highway commenced within two (2) years from the date first
herein written.
9. Should Grantee at any time abandon the use of said
property or any part thereof, or fail to use the same or said
purpose for a continuous period of one (1) year, the rights granted
shall cease to the extent of the use so abandoned or discontinued,
and Railroad shall at once have the right, in addition to but not
in qualification of the rights hereinabove reserved, to resume
exclusive possession of said property or the part thereof the use
of which is so discontinued or abandoned. Upon termination of the
rights hereby granted, Grantee agrees to remove said highway,
including the paving, from said property of Railroad, to restore
said property as nearly as practicable to the same state and
condi tion in which it existed prior to construction of said
highway, and to bear the expense thereof. Should Grantee in such
event fail, neglect or refuse to so remove said highway and restore
said property, such removal and restoration may be performed by
Railroad at the expense of Grantee to pay to Railroad upon demand.
Form C..S. 7362
REJ/jej.GILROY
August 24, 1993
:z:
o
c..n
Page 3 of 3
-0
:=>>
C")
rT1
10. The parties intend that the promises and obligations of
this indenture shall constitute covenants running with the land so
as to bind and benefit their respective successors and assigns.
U1
N
W
IN WITNESS WHEREOF, the parties hereto have caused these
herein written.
presents to be executed in duplicate as of the day and year first
,t,V, J iil '-\If]
\) '. " "Jl
TRANSPORTATION",,~()~"" !It<'
. ' '" ",..; '", .. At
. ];; ,',<:. "
'" '\'-
SOUTHERN PACIFIC
By:
(
Attest:
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
,
State of C/~ ~ \-l , ~~ \? }
/60untYOf ~ ~~~'-i\ \.~~
J (.t h) '~'\' ,
')1\ (..}-:::r 3 before me ~~\~",J~\ \ ~ \ (i:.: \..C:,
D TE ' NAME, TITLE OF OFFICER - E.G."'JANE DOE, NOTARY PUBLIC"
pE:::rsonally appeared
:J""?I,-..l \ 12 L ,\"" r~:~ \_i~ ~)
NAME(S) OF SIGNER(S)
@personally known to me - OR - [d1)roved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
t~"^""'-~-'''''''''"''-''-''''- - -"~-.l
.~ /('-;"':~>" s/,r,':~"~!(':\: {C' ", '-:1
\ I '. <\ ,:..1 I
J, : \'- _.,)j ~/-'i.\ ;-._. '_,~.~~'~ "_:':,0 ~~~':I.:>~{ '~
{ ~"., /1 rvl/l......U,.I"l,.~.....,.....IICbl-'.Il;...J '.
I. , . ,/ / A.:" 1 ~r'Ll
f -. " ~'/ r\pLi 0, Y';t I
k~~~
~~~?\~;:. \,(~\
SIGNATURE OF NOTARY
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES . .'\
DATE OF DOCUMENT
.:.t f"-' ~~ ~,"\l\,-.2. -:.. ,
Cl / .} / (7q 3
I I
No. 5193
.j
- OPTIONAL SECTION _ ~
CAPACITY CLAIMED BY SIGNER\'\
Though statute does not require the Notary to ;;
fill in the data below, doing so may prove .I
invaluable to persons relying on the document. 'Y':
o INDIVIDUAL ~;:
o CORPORATE OFFICER(S) r:.
TITLE(S) 0;
o PARTNER(S) 0 LIMITED ~
o GENERAL
o ATTORNEY-iN-FACT ~
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
,i
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
SiGNER(S) OTHER THAN NAMED ,A,SOVE
@1993 NATIONAL NOTARY ASSOCIATION. B236 Remmet Ave., P,O. Box 7184. Canoga Park, CA 91309.7184
N 0 5 I PA GE I 5 2 5
4;
::. -? ~> -c:i '.'
c' <--v 1:.._
EXHIBIT "A"
TENTH STREET
A strip of land 104 feet wide situated in the Rancho Las
Animas, City of Gilroy, County of Santa Clara, State of
California, being a portion of that certain strip of land 100
feet wide described in deed dated May 18, 1871 from Thomas R.
Thomas to Southern Pacific Railroad Company, recorded in Book 22
of Deeds, Page 138, Records of said County and more particularly
described as follows:
Beginning on the southeasterly corner of Parcel 1 as shown
on that certain Parcel Map filed December 11, 1970 in Book 276 of
Maps, Page 29, Records of said County, said corner being also on
the southwesterly line of said 100 foot wide strip of land;
thence South 20000'00" East along said southwesterly line, 102.94
feet to the southeasterly corporate limits of the City of Gilroy;
thence continuing South 20000'00" East along said southwesterly
line 1.06 feet to a point that is 52.00 feet southeasterly
measured at right angles from the centerline of Tenth Street;
thence North 70000'00" East leaving said southwesterly line
100.00 feet to the northeasterly line of said 100 foot wide strip
of land; thence North 20000'00" West along said northeasterly
line 104.00 fret to a point that is 52.00 feet northwesterly
measured at right angles from the said centerline; thence South
70000'00" West leaving said northeasterly line 100.00 feet to the
point of beginning, containing an area of 0.239 acre, more or
less.
ALEXANDER ISTREE7
NOTE
~~ h )..
lJ.J ()
Cl::
lJ.J -J
......
ex: ~
h I.!..
PARCEL 2 Cl> ()
)...
l-
'1 .:x:: (3
~. Ih I.!..
()
0\ .~ CI)
lJ.J l-
......
S h ~
......
-J
- PARCEL .3 h
Cl>
oq:
lJ.J
N 20' 00' 00' W
SOUTHERN PACIFIC
5 20' 00' 00' E
'l-
(yv
<(- CJ
q,"t
,.-
~/
0'
~.
,
<>-
'<l
..;
....
"
<>.. .
'4
~
....
N.
.~9
~.
"
<'y'V
<<-U
\l'?- <t-<?"Yo-
<',_ ~ 90,
'-<6'.;> -
. 5Z.DO' I
- - - - - -- u..
.
'"
~
<:l
<:l
''';0.00'
,
'"
t--
~
. I
gL
.,,:.1
.......
N ZOo 00' 00" w .: </z.o"
MONTEREY
+
I
ROAD
This PLAT MAP was based on record
information and does not represent a field
survey.' The courses were based on that
PARCEL MAP filed in Book 276 of Maps,
Page 29, Records of Santa Clara County,
California.
H 0 5 , PA GE. , 5,26
RAILROAD CO.
PLAT MAP
r,o accompany description for a 100.00 foot
nght-ofway for Tenth Street within the City
of Gilroy, County of Santa Clara, State of
California on the lands of
THE SOUTHERN PACIFIC
TRANSPORTATION COMPANY
July 14, 1993
N 0 5 , pn GE , 5 21
CERTIFICATE OF ACCEPTANCE OF CONVEYANCE TO THE CITY OF GILROY
BY SOUTHERN PACIFIC TRANSPORTION COMPANY
This is to certify that the interest in real property conveyed
by
the deed or grant dated September 2, 1993 from Southern Pacific
Transportation Company
to the City of Gilroy, a political
corporation, is hereby accepted by the undersigned officer or agent on
behalf of the City of Gilroy pursuant to authority conferred by Resolution
No. 91-70 of the City Council adopted November 18, 1991, a certified copy of
which resolution is on record in the office of the County Recorder of the
County of Santa Clara, State of California, in Book and Page 11161411, dated
December 11, 1991 and the grantee consent to recordation thereof by its duly
authorized officer.
IN WITNESS WHEREOF, I have hereunto set my hand this ?qtn
day of
C;pptpmnpr
, 19 ...9...3.-'
'nistrator of the City of
M 0 5 , PI\ GE \ 5 2 8
;s,~ E, Steinmetz ,.Gity ,Cler NO
City ,or Gil rQY
7351'~osanna Street
Gilroy, CA 95020
FEE. PER GC SEC 27383
-~" "".-.
//(j I b I 4l~"i~
i "10 \
/ ~/: ~~:; \'\ ).. 7l ~ \
i r . -, - ", .,.1 r", ""0 \
( '~'j-'! J.... ,: ~ - -.........., -'
"" . --../ r' ;JJ I:." :tiI .
, ." C")
\" :=:r~ ::' m I
',~:;~o, VI 0\ +';
\\-" n'; c;;::c> ~.'~'~' ", ,~ CJ1 /'
'-- =:!i".;" S........ ,
"~,:~. <-s. '\ -.I l
c
~JO FEE fJ1
(~
RESOLUTION NO. 91 - 70
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING OFFICERS WHO MAY ACCEPT
AND CONSENT TO THE ACCEPTANCE OF DEEDS OR GRANTS TO THE CITY OF GILROY AND CONSENT
TO THE RECORDATION THEREOF PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 27281
BE IT RESOLVED by the Council of the City of Gilroy that pursuant to
California Government Code Section 27281 the following officers of the said City of
Gilroy be and they are authorized to accept on behalf of the City of Gilroy deeds
and grants conveying any interest in or easement upon real estate to the said City
and consent to the recordation thereof:
Donald F. Gage, Mayor
Jay Baksa, City Administrator
BE IT RE~OLVED that a certified copy of this resolution be recorded in
the office of the County Recorder of the County of Santa Clara, State of
California,
PASSED AND ADOPTED this ,18th day of November, 1991, by the following
vote:
AYES:
NOES:
COUNCILMEMBERS: GILROY, KLOECKER, NELSON, ROWLISON, VALDEZ
and GAGE.
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
APPROVED:
_f)~ J~~~~
Mayor -0--7'"
,
'.. (.~
(';.
'"i ~