HomeMy WebLinkAboutWinkler, Marie
THIS AGREEI,JENT, Made this 15th day of Maroh 1916,
between MARIE WINKLER, of the County of Santa Clara, state of
California, the party of the first part, and the CITY OF GILROY,
a M\inic,ipal Corporation of the state of California, the party of
the second part,
WITNESSETH:
That the said party of the first part for and in
consideration of the removal of all poles carrying electric light
and power wires from the Westerly side of Monterey Street, between
Seventh and Eighth, Streets, in the City of Gilroy, does hereby grant
unto the said party of the second part and its assigns, a right of
way for a pole line to carry electric light wires, wires for an
Glectric fire alarm system, wires for a police telegraph system,
and vrires for telephone purposes through Block 2 South Range 1 West
of the City of Gilroy, the center line of said right of w~ being
parallel to the' Westerly line of Mon:terey Street and One hundred
and Forty-three feet Westerly thereof.
The poles shall have cross arms which may extend for a.
distance of five feet on either side of said center line, and
the said party of the second part, and its assigns, are hereby
granted the right to construct, erect and maintain said pole
line in the place designated, and the right to suspend and
maintain on said poles and cross arms, either singly or in cables,
wires to carry electric energy ~or light and power purposes,
wires for telephone purposes, wires for an electric fire alarm
system, and wires for a police telegraph system.
The said poles are to be placed on the property lines
running Easterly and Westerly dividing property in said block,
and are to be of sl~fioient height so that wires thereon will in
\,/
no way interfere with any building or structure now on the/line of
I
said right of way, and all cross arms on said poles carrying light
, .
t
r;- ,.. ,....
-
and power wires, shall be at least thirty feet above the surface
of the ground.
Should the party of the first part, her heirs or assigns,
at any time wish to move any building or structure across said
right of way and under apy wires suspended on said poles or
crOBS arms, the party of the second part, and its assigns, agree
at its own cost to raise its wires or remove them temporarily
to permit the moving of any such building or structure.
The party of the second part, and its assigns, shall at all
times have ;he right to enter upon the right of way for said
pole line in order to maintain and care for the same and make
additions and repairs thereto, bl1t in so doing care must. be used
by the said party of the second part, and its assigns, not to
injure any property of any owner of property in said block, and
care must be tw~en by the said party of the seoond part to close
all gates opened by it to reach said pole line, and it is under-
stood that if the said party of the second part, and its assigns,
repeatedly fail to comply with the terms of this clause after
having been notified by the said party of the first part so to do,
the party of the first part m~ temminate and cancel the privilege
hereby granted, and the party of the second part shall forfeit all
rights hereby granted to it.
The party of the second part, and its assigns, shall be
liable for all injury that may happen or accrue to any property
in said block belonging to the said party of the first part by
reason of said pole line or any wire thereof.
p~rt
The party of the second~shall have the right to erect
said pole line on its own account or in conjunction with any
.
other person, firm or corporation, and the right to sublet or
assign to any person, firm or corporation the right to suspend
and maintain any of such wires on any pole line ereoted Qy
11
it on the right of way hereinbefore mentioned, and any person,
firm or corporation constructing said pole line in conjunction
with said part, of the second part, or having secured any right
t~ suspend any of such wi~es on said pole line, from the party
of the seoond part, shall have the same rights and privileges
of entering said right of w~ to care for and maintain its
said wires as is hereby granted the said party of the second
part, upon the same terms and conditions.
IN WITNESS WHEREOF, the rrty of the first part has hereunto
set her hand the day and ;7(;".:.'1.: c:':~L'ein first written.
\J
~ /~~ ~/
State of California, ~
Cou.'y of 5..,. C/.r., _~~.A. " ~ ON THI" _ f 2/1;,~~_ ~nd'Y o'-~__. ;0 tho
year One Thousand Nine Hundred Z_~- before me, n~;;;~-RALD, a Notary Public in and for said
County of Santa Clara, r~siding therein, duly commissioned and sworn, personally appeared______u__________u_ u__u_hn___
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
_____________________________________________________________________________________________ ___.._______.__l__________________
known to me to be the personuuudescribed in, whose nam~ u___subscribed
to, and who executed the annexed instrument, and __<_;;1he____ acknowledged to me that
/
_~heuuexecuted thE1 same______nn _______________ nn
IN WITNESS WHEREOF I hav here nto set m~h d a
at my office in the County t ,th ay
-- -- -- -- - ---.---
.
~
~
Q
'-
~~ .
~
"'(f' !;. -I I:
I t
, -:.:> ~l - -c:;
:-- -c:~ ~ :c
:~I~ I'~'
I I J~..',>-
I 0 tL
1>- if,
..J ;::: I "F.
{I' 0
~ QJ ~~
- li,fl Q:;;
Q.. >~
....
::;
:;,
o
c..:>
I':l
"-
CO
Q
~
.OJ
c
rJ
..
~-
.
.1' \ t "
ClI
....I
<
CC
LI.I
c::J
N ...i
!:: c:3
L&.. >
Q
c::J 5
cc <:l
LI.I
....
....I '"
<
3: !~
) vB