Stelling, John Henry and Bertha A.
"
"
"
AGREEMENT AND EASEMENT
TillS AGREE:r.JIENT, made this /~ day of 0" 1::<:1 belt
, 1938
between BERTHA A. STELLING and JOHN ~NRY STELLING of Gilroy, Cali-
fornia, parties of the first part, and hereinafter called the
,
Grantors, and the CITY OF GILROY, a Municipal Corporation, party of
the second part, and hereinafter called Grantee.
vVHEREAS, the first parties are the owners of a certain tract
of land situate in the County of Santa Clara, in the State of Cali-
fornia, and more parnicularly hereinafter described; and,
WHEREAS, said party of the second part is desirous of erect-
ing, constructing, and maintaining a levee upon said lands;
Now this indenture witnesseth, as follows:
IN CONSIDERATION of One Dollar ($1.00) this day in hand paid
by said party of the second part to said parties of the first part,
the receipt whereof is hereby acknowledged, and of the covenants on
the part of said party of the second part herein contained, said
parties of the first part hereby grant to said party of the second
part the rights following, namely,
The right of way to construct, erect, maintain, operate, re-
pair and renew a levee, bulkhead and other similar work necessary
and proper to protect said levee and adjoining lands from flood
waters, together with the right of ingress and egress, to, over,
along and from the same for a distance of ten (10) feet on each
side of said levee for purposes of repairing, inspection and con-
struction, together with the right and continued right to take and
use material from the lands of the undersigned on the creek side
of said levee, said right to so take and use material to be
limited in this, to-wit:
That said material shall only be taken at a uniform depth
on the creek side of said levee, and said mater~ may be used
by the second party along the course of said levee as it now
exists or may be extended, provided however, that after said
levee is repaired and/or extended said second party shall not
tl'ereafter use material from the lands of the first parties to
repair said levee on the lands of any other person or persons
without the written permission of the first parties, their succ-
essors or assigns, said creek being known as and called "Carnadero
Creek," and to construct, operate, and maintain the same, over,
through and along that certain parcel of land situate in Santa
Clara County, State of California, and described as follows, towit:
Beginning at a 3/4 inch iron pipe set in the levee on the
northeasterly bank of the Carnadero Creek, said iron pipe being
also in the center line of a sixty foot road known as Miller Avenue,
said iron pipe'being also on the westerly boundary line of that
certain parcel of land ovmed by Bertha A. Stelling and John Henry
Stelling and recorded in the office of the County Recorder of the
County of Santa Clara, State of California, in volume 729 of Official
Records at page 512, and running thence along the center line of
said Miller Avenue N.320- 26'- 30"E. a distance of twenty-three
(23) feet; thence leaving said center line of Miller Avenue
and running along the following courses and distances over the lands
of said Bertha A. Stelling and John Henry Stelling; S. 440- 49' E.
a distance of four hundred and sixteen and 47/100 (416.47) feet;
N.470- 11'- 30" E. a distance of sixteen (16) feet; S.420- 48'- 30"E.
a distance of three hundred and eighty-six and 25/100 (386.25) feet;
S. 180- 30' E. a distance of four hundred and seventy and 65/100
(470.65) feet; S. 710-30' W. a distance of sixteen (16) feet;
S. 180- 30' E. a distance of four hundred and fifty (450) feet;
S. 710- 30' W. a distance of thirty (30) feet; N. 180 - 30' W. a
distance of nine hundred and ten and 74/100 (910.74) feet;
N. 420- 48'- 30" W. a distance of two hundred and seventy-six and
34/100 (276.34) feet; N. 500- 32'- 30" W. a distance of four
hundred and ninety-five and 16/100 (495.16) feet to a point on the
westerly line of said lands of Bertha A. Stelling and John Henry
Stelling; thence N. 280- 58'E. along said wes,terly boundary line
a distance of sixty-three (63) feet to the point of beginning, being
a portion of Ranch lot sixteen (16) as shown on Map No. 7 accompanying
.. -
the final report of the referees in the partition suit of Henry
Miller, et ale vs. Massey Thomas, et aI, in the Superior Court
of the County of Santa Clara, state of California.
It is mutually understood and agreed that the Grantee shall
construct said levee and the whole thereof all at its own cost
and expense; that it shall likewise keep the same in repair here-
after and at all times save "he Grantors harmless on account of
any damage caused third persons, and the location thereof shall
follow the northeasterly bank of said creek and within the bound-
aries of the lands herein described.
IN VIITNESS Wh"'"EREOF, the first parties have caused their
names to be signed hereto and the second party has caused its
name to be signed hereto by their proper officers ihereunto
duly authorized, and its coporate seal to be hereto attached and
duly attested the day and year first above written.
By
GILROY, a Municipal
_/~~~
G,Cl.~
City Clerk
Mayor
By-
Party of the second part
ATTEST:
G. Ck.('J~
City Clerk
.
. .
STATE OF CALIFORNIA )
) SSe
COUNTY OP SANTA CLAHA )
On this 1st day of October, A.D., 1938, before me, JAblliS
S. BYERS, a Notary Public in and for the said County and St&te,
residing therein, duly commissioned and sworn, personally
appeared BERTHA A. S~ELLING and JOHN HENRY STELLING, known to
me to be the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal in the County and State aforesaid the day and
year in this certificate first above v~itten.
Not~biic ~d-=;or ~ County
of Santa Clara, State of California
STA'rE OF CALIFOWIA )
) SSe
COUNTY OF S:1'T TA CL.~RA )
On this 1st day of October, in the year of our Lord One
Thousand Nine Hundred and Thirty Eight, before me Jnmes S. Byers,
a NOGary Public in and for said County of Santa Clara, State of
California, residing therein, duly cOlnmissioned and sworn, person-
ally appeared S. D. HECK and P. A. COX known to me to be the Mayor
and City Cl,-,rk respectively of the City of Gilroy, a Municipal
Corpora tion oescri bed in and too t they executed the wi thin instru-
ment, and also knovm to me to be the persons who executed it on
behalf of the said Municipal Corporation therein named, and they
acknowledged to me that such ~unicipal Corporation executed the same.
IN VII'rNESS WFcSREOF, I have hereunto set my l1.and and affixed
my official Seal at my office in said County aforesaid the day
and year in this certific2te first above written.
Not~ ::-:::;;~-:::-county
of Santa Clara, State of California
My Commission expires Aug. 7, 1939
...
CON S E N T
-------
~-
~~~.~#.fi9c3r
For and in cons iderat ion of tpe sum of o~e D la r ($1.00)-
to it in hand paid, receipt whereof is hereby acknowledged,
BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a Cor-
poration, holding A Trust Deed covering the premises described
in the annexed grant of right of way, does hereby approve of,
join in and consent to said grant of right of way.
BA}~ OF AMERICA NATIONAL TRUST AND
SAVINGS CIATION, a Corporation
By "Ore, '-;>-.1A
~. '<:1'7
By
~k~IFORNIA ~ :'s.
~ cOF.,.Q~f~l
,,/ On thi ~ day Qf October, A.D., 1938, before !!:f
t/J/'I-l . .' a N tary Public in and for the sa i u~
and Stace, residipg therein, duly commissi ed nd wo , person-
ally appeared
~n to me to and ~~
~~ respectively of the Corporation described in
and tha ecuted the vvi thin instrument, and also known to me to
be the sons who executed it on behalf of the corporation therein
n2med, d they ackr.cwledged to me that such Corporation executed
the same.
p,
IN WITNESS
my official Seal
and year in this
WHER~OF, I have her~A. se~ my hand and affixed
at my office in sai un~y aforesaid the day ~
certific~ir:t ~~ e written. ~",.,:J.
.. tl, ~.......,e
otary ublic in and for
or ~GlU b". f'!1.4.'Y'Q, St 8." e of
My Commission Expires ~// , 19B/.
CLERK'S CERTIFICATE
I P. A. COX, City Clerk of the City of Gilroy do hereby
certifY thnt the Common Council of said City of Gilroy at a regular
meeting held on the 3rd day of October, 1938 accepted the fore-
Q'oinQ' conveyahce and consents to the recordation thereof.
u D~'ted this lOth day of' October, 1938 a R)~.::~,_
City Clerk
1io ·
",
\. "
RES 0 L UTI 0 N N 0 101
...------............. -.....
IE IT RESOlVED by the Mayor and Commoh Courteil or the
City of Gilroy, that said City of Gilroy hereby accepts the
conveyance hereto attached and consents to the recordation
thereof.
Passed, approved and adopted this ~ da.y of' October, 1938,
at a
re~u1ar
meeting of the Common Council of the City of'
Gilroy.
j\YCS: Councilmen:-GeOI:'ge C.Ml1ias ,Jr. ,Jack Rogers,George A.
Martin,George M.Mason.
j..; OFS: COUllC 2.1rnen: -None
ALSl.FT Cou.YJcilmen: -James Batt ersby ,Nat Heiner.
Approved:
S.D.Heck
~yor
(Seal)
Attest:
P.A.Cox
~ity Clerk
CLERK'S CERTIF~CATE
I, P. A. Cox. the Ctty Clerk of the City or Gilroy. do herehy
certify that the annexed copy of Resolution has been compared by De
with and is ~ true and correct copy or the whole of such Resolution
duly adoptee at and 6.;:pearln.'- amO#g the oi'.ficia1 minutes of the reg-
ular meeting of the Common Co:mcil of such C:ity of Gilroy held on
the ~ day of ,October , 19~.
I'N WITnESS WHEREOF', I have hereto set rq band and affixed the
official seal of' said City of Gilroy this .4.:tb- day of QqtqbE?'f , 19~
city ~~~'c1ty of
Gilroy, Santa Clara COlL'1ty,
Ca.l ifor"ia .
..
,,,,/
"
(\J
U)
"'d"
r;Y)
~~
E-l1
f~
bel
'c; ,
~,I!
<4
[-":
~-ll
f-,
~
".", I
.__:..J
~<-(
,........
~--l t
j~~~i i
.....-~ .
"J
~!
~~/
1 ...~'-{
1 ~-1i ....
,_ f, ~=;:~
a"', .~' :~
~, ~V) ,
...J:2 I' I, - ...
~ g '.',~ '~i' I I'"
~ cc: ,~ 00 1~- a: t
,2 -$~,,,-iffi -~~, i ' i.~,:,) t
o -;; ~":}I'..,i"'''''' l I....d ,,; ;>o"y
+J -o.,..,t -"':5"" -e <Xl '
6 I J, << .; ~ ~~ ~ ':
;) !..5: ~ a: ,I
'g ~~ o~p ti'i.: j
~~ I n-'ilil{8 i ~
_ / '" '\ '1'i '" '" I'
.1{'?r '(';{;)P'-j , ./ <Y:I~' ., (J '~~. ~ 1 ~ : ,.J, /
I ' ~7~/ ~ . n. ,-' -..
',(/ ('" - ~ '
'V
"'-.
I\,
':'..~
s::
(!)
(!)
"
,~
.p
<D
c~.~
r.....~'
U
s:~
"5
rl
f..-rl
'-'
r-'-;
.r-j
'0
f~
(~)
C
'1"'1
>::
~,
,!::
~
t':J
7
,..-<
cr:-
Z
H
d
H
t-i
~-~
~-J
~.;
OJ
~~.
HS::
[-:" ()
',) -r'[
.-.i
I--j
~~
[-1
C0.
"'
,-,
r-'-j
C"
~"1
p~
'd
5:'i
L"
"
Ctl
~,
(-..
/, ;,
~I ;-__~
[., ::~
1--; C)
r: ()
.
,~
~~
~:~J
f-j
f: ,
~~
E--i
Ct.:
('.,.../
1,--1
C'
,.. ~
l''::''1
~::,
.J
I-~
'"
"'
,p'
OJ
rl
co \
y) \
0; "
rl
...t ..
..'. .'
....... .,-:~'
.,
..'
" -..-
~
~~
0(
.J
(/) .:.
It 1
~ ~ -
..... .J I&. 1'I
1Ql;l:i:
z 0( Z
.;)Uo
000 -If
U ~ ..
f3~d~
~ ~ ~ a
< z
, :-- II:
~~
..
~