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Hockenbeamer, E.P and Josephine l I '~." ...... .~.... .. ..~. ~.J.... :('. ~ < " (': ,<.,J ~*, ~,~. l;~ . i 'i 1 :). "".64- 1. - . . f'_ , ,"'.C ;'-~. l,' ~ ", ~' ~IIS AGREEMENT, Made and entered into this sixth day of December, 1954, by and between CITY OF GILROY, a rfunicipal corporation, party of the first part, and E. P. HOCKENBF..AMER and JOSEPHINE HOCKENBEAMER, his wife, parties of the second part; r WIT1~SSETH: That, whereas, the parties of the second part are the owners of land located along the Burchell Road about three (3) miles West of the City of Gilroy, formerly owned by JOHN MILNE, EDNA WHITE, ISABELLE ~nLNE, ANNA LUND, // / and others; and, "dHERFAS, the ownership of said property by the parties , of the second part is subject to an easement extending through the premises in favor of the City of Gilroy, which easement is for the purpose of carrying a pipeline from the City of ,.Gilroy diversion dam on the Uvas Creek to the City reservoir, and to permit the replacement and repairing and maintenancelof the pipeline; and, WHEREAS, the portion of the said pipeline extends through a part of the premises of the parties of the second part which they intend to use as a reservoir site for the impounding of water behind the dam to be constructed by them, the water in which reservoir will cover the said pipeline; and, WHEREAS, the said pipeline at the said location is worn, dilapidated, and will require replacement and the parties of the second part have suggflsted that they remove the said pipe- line at this time before the same is inundated by water, and the party of the first part has agreed that the same might be removed by the parties of the second pari, upon the condition that the said easement Uo the party of the first part is not in any way affected or interfered with; and, WHEREAS, the parties hereto desire that their agreement be placed in writing so that written evidence may be hado 4 ' ;l , . "'1 r, 1. ."") ~f\V ;' 1 ,'- pAr'~r~}..l,~ l'~"~"""",,, .,... ,~.blo-l -1..-... ~'r" ''''n'"r) '""F'r~' IT 1'- ,GT:J':1'D S G'I T L" '-' 1 \ Lit..:, L 11 L'J ,\ ,2., \..), ~',:" , , ~.J' 1. :.. \ ,~ i,~ tl, r V ;.o' U _, J ~ : (I) That the said parties nf the second part may cut and remove th,? said pipeline as it axtends across the said premises at the place above indicRted, and remove said portion of the said pipeline so that the same will not be inundated by the aforesaid reservoir, said pipeline to ~e cut across to the edges of the reservoir, such cutting and removal shall he at the sole expense nf the parties of the second part. (2) That the easement of the party of the first part through the premis es of the pa rties of the sec0nd c) :irt for the purnose of laying, repairing, ,'--mc1 maintaining the aforesaid pipelin<::' a~ it heN;t0fore existed shall l'emain unaffected, and if and when the party of the first Dart desires to replace that portion of the pipeline which is cut and removed by the parties of the second nart hereund er it shall have the right to go upon the right of way premises and lay the said pipe, and thereafter repair 8nd maintain the same. (3) If the p'Jrty of the first part can re-route the said pipeline in the vicinity of the said reservoir when the same is repair8d and replaced so thut the line can be laid on top of the dam impounding the wa tel' aforesa ia; said pipeline, if rerouted, shall be laid on top of the dam so as not to inter- fere with a roadway which is to be established on top of said dam. The parties of the second part will grant to the party of the first part an easement over such portion of the premises of the parties of the second part as may be essential for such re-routing without cost to the party of the first part, and the party of the first part will thereupon abandon that portion of thR prpsent easement which will not be required ~ecause of such re-routing. .. unto set ...."""'i "'<::j'i """,, ~....... ......... C;.!./. ~ qJ~ ~ ~'\l ~ ~),-,~ (l::: ~{^<~'iN f'- '., ~., _: . \ N". "',~ to).... l~ '-..j-~ Cl~-:,','. r-- WI- . .= . I- !J..' U c::J " --c, .c' >- ?~ -- c: en e'-2 ell..., f;:\,J ..,....", """.,:'1 :.. '~~ ....,. ~.....,.; ~ -..oi CJ t'rJ j'b:,. , . i q ~ ,,\ i '- ""1.' -' ., (,"'4 .., 1', _.... .r , (i,~ ",~,. - 'flut ) -f.J IN '''ITNE~)S :;lH~REUF, th'~ parties heretCl have here- their hamis the day and year first herein written. CITY 0F GI:,ROY By: /('/'-94- First AI /;i~/-j/ Party , M.l\ vnR ~ .~ t J ,#<,.,' _ / --k'~"'r "'f;V } 55, COfmty of...Santa...Cl.a~a............m.. On this....,S.ixth.m..mday of...necember..m...m..........mm......in the year one thousand nine hundred andmEi.ft.~.~.faur........... before me...SYDNEY...S......JOENSON......m..m..mmm..mm..., a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared ...GEQ.R.GE...M..~....MA.S.QN...................m.m...m.........................m........m...mm.......m...........m. known to me to be the..m.MaY.Q.r....Q.f....th~....C.i.ty....Qf...G.i-.1J:.:9.y...m......m..... STATE OF CALIFORNIA If the corporation described in and that executed the within instrument, and also known to me to be the person...... who executed the within instrument on behalf of the corporation therein named, and ......he...... acknowledged to me that such corporation executed the same. ~u ;IlIitue55 ;IlIqereof, I have hereunto set my hand and affixed my official seal the day _d "M ffl ,hu C"'ifi<-' M"u~:'~;~$;;.~;~ My Commission expiresMa:r:::ch...8.,..m19 60 CORPORATION ACKNOWLEDGMENT. Form C.A.-Sam Hopkin. Leqal Form. Printlnq Service, 2328 Frultvale Ave., Oakland I, Calif. State of California, 1 County of Santa Clara, 5 &$4 ON THIS ....__6.th__......h_h..h-om__.mm_...m day of .p.~g~mp.e.r.,.........., in the year One Thousand Nine Hundred an<bdklxlX-..Fi.fty.~.f.our'__h' before me, SYDNEY S. JOHNSON, a Notary Public in and for said 'County of Santa Clara, residing- therein, duly commissioned and sworn personally appeared _............n.E......l?..nHOCKENBEAMER..and...JQS.EPHINE...HQCKENBEAMER.........n................n....................n.... My Commission expires March 8, 1900 known to me to be the person...s.m described in, whose nameJ;L__..a*-~. subs'cribed to, and who executed the annexed instrument, and ....t.he.y.nn acknowledged to me that nn__th~nm. executed the same, ...nm..nnm.n.....mmm.......n........mnnnn....__nnmhm