Hockenbeamer, E.P and Josephine
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~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;
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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,
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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
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(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
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IN '''ITNE~)S :;lH~REUF, th'~ parties heretCl have here-
their hamis the day and year first herein written.
CITY 0F GI:,ROY
By:
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} 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