Stelling, John H. and Inez E. (2)
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28lP091 ·
RESOLUTION NO. 625
RESOLUTION ACCEPTING DEED
BE IT RESOLVED that the CITY OF GILROY does hereby accept the attached
deed dated May 31, 1961, conveying a right of way by JOHN HENRY STELLING
and INEZ STELLING, his wife, to the CITY OF GILROY over a strip of land of
uniform width of 15 feet for the purpose of constructing, laying, repair-
lng, replacing, and maintaining a sewer line and that said City of Gilroy
does hereby consent to the recordation of said deed.
PASSED AND ADOPTED this 5th day of June, 1961, by the following vote:
AYES: COUNCIL MEMBERS: Duffln,Goodrlch,Jordan,Petersen,Quartlroll,Went-
worth, and Sanchez.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
APPROVED:
SIG SANCHEZ
Sig Sanchez, Mayor
ATTEST:
SUSANNE Eo PAYNE
Susanne E. Payne, City Clerk
I, SUSANNE E. PAYNE, the undersigned, City Clerk of the City of Gilroy,
do hereby certify the foregoing to be a full true, and correct copy of a
resolution unanimously adopted at a regular meeting of the Council of the
City of Gi Iroy, duly held on the 5th day of June, 1961, at whIch a quorum
was present.
IN WITNESS WHEREOF I have hereunto set my hand and
Seal of the CIty of Gi Iroy this 7th day of June, 1961.
I
2010091
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EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINE
THIS INDENTURE, Made this .3':;;- day of May, 1961, between
JOHN HENR~AND INEZ E./STELLING, his wife, 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
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
bargain, sell, convey, transfer
and deliver unto the party of the second part, a permanent easement
and right of way over, under, in, and across the following des-
cribed premises located in the County of Santa Clara, State of
California to-wit:
BEING a portion of Ranch Lot 16, as shown on Map No. 7 accompanying
the Final Report of the Referees in the Partition action of
Henry Miller, et aI, vs. Massey Thomas, et aI, in the Superior
Court of the State of California, in and for the County of Santa
Clara, Case No. 5536, and being also a portion of that certain
169.06 acre tract conveyed by Miller & Lux, Incorporated, a
corporation to F. E. Stelling by Deed dated January 25, 1927 and
recorded in Volume 296 of Official Records, page 249, Records of
Santa Clara County, California, and being more particularly
described as follows:
BEING an easement for the installation and maintenance of
an underground sanitary sewer over, under, on and across
a strip of land 15 feet in width, the northeasterly line
of which is described as follows: BEGINNING at an iron
pipe at the Southeasterly corner of said 169.06 acre tract
at the intersection of the southerly line of Ranch Lot 16
with the Southerly prolongation of the Westerly Corporate
Limit Line of the City of Gilroy and running thence along
the Easterly line of said 169.06 acre parcel and the
southerly prolongation of the westerly Corporate Limit
Line, N. 200 W. 800.00 feet from which point a granite
monument at the Southwesterly corner of the Corporate
Limits of Gilr oy bears N. 200 W. 68.38 feet.
including the perpet~al right to enter upon the said strip of
land at any time that it may see fit, and construct, maintain,
and repair an underground sanitary sewer line for the purpose
of convE,y ing sewage over, across, through, and under the lands
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hereinbefore described, together with the right to excavate and
refill ditches and/or trenches for the location, placing, replacing
and repair of said sewer line 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 sewer line.
The easement is granted to the party of the second part
upon the following conditions:
1. That the parties of the first part may make connections
onto and with that part of said sewer line which is on and
in the easement premises above described for the purpose
of disposing of waste material and affluent arising out of
farming operations conducted on the tract of land of the
parties of the first part of which said easement land is a
part, or incidental thereto, if suitable for disposal in
said sewer line, but excluding any sewage arising out of any
commercial enterprise or plant though related to agriculture
which may be established or operated on said tract of land
of the parties of the first part of which said easement land
is a part; any use so made of said portions of said sewer line
by first parties shall be, and remain, subject to the right
of second party to require proper screening of any waste
material or sewage from said premises which may run into
said sewer line.
2. First parties may continue to use the surface of the
easement land for "turning around" space when cultivating
the adjoining land but shall not construct or place any
buildings on or over said right of way or grow crops
thereon.
set
IN WITNESS WHEREOF the parties of the first part has
their hand the day and year 2~~7?~~?;,~,17;n.
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hereunto
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County of Santa Clara )
On 'this 3/5' day of May, 1961, before me, SYDNEY S. JOHNSON,
),:>~)'~Notary- /fublic in and for said County and State, personally appeared
i.;~'<-.:r~ H~NRY AND INEZ E. STELLING, his wife, known to me to be the
;:( ::pe~~'~' wh~~names are subscribed to the foregoing instrument, and
5;' : a'G~~b"'ti~~g~ft ~"tc>' me that they executed the same n
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STATE OF CALIFORNIA
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