Loading...
HomeMy WebLinkAbout1909-06-22 - Easement HUNTINGTON BEACH CO. -2A 01-31-12 Y o i °�, r ; THIS INDENTURE, Made the 22nd day of June, 1909', betweeni 4± cc, 2 HUNTINGTON BEACH COMPANY, a corporation duly organized and y, � V 3 existing under the laws of the State of California, the 4 party of the first part, and CITY OF HUNTI:NGTON BEACH, a 5 municipal corporation of the County of Orange, State of 6 California, the party of the second part, 7 WITNESSETH: That the said party of the first part, for 8 and in consideration of the sum of Ten Dollars, Gold Coin of 9 the United States, to it in hand paid by the said party of 10 the second part, the receipt whereof is hereby acknowledged, 11 does by these presents grant, bargain, sell and convey unto 12 the said party of the second part, and to its successors 13 and assigns forever, a perpetual easement and right of way for 14 road or street crossing over that certain lot or parcel of 15 land situated in the County of Orange, State of California, 16 and bounded and particularly described as follows, to-wit: 17 Across that piece or parcel of land lying between mean 18 high water mark of the Pacific Ocean and the oceanside line 19 of Ocean Avenue embraced within the extended lines of Eleventh 20 Street , in the City of Huntington Beach, County of Orange, 21 State of California. 22 It is hereby covenanted and agreed, however, with a 23 covenant running with the land, that if at any time said 24 party of the second part, its successors or assigns in 25 interest, or those holding or claiming to hold thereunder, 26 shall, with the knowledge or consent of the owner of said 27 premises, use, or cause to be used, or shall allow or 28 authorize in any manner, directly or indirectly, said 29 premises, or any part thereof, to be used for the purpose of 3o vending intoxicating liquors for drinking purposes , thereupon 31 the easement hereby granted shall revert to and be vested in 32 the grantor herein, or in its successors or assigns, or in any 1. I corporation to which it may grant said reversion, and it, or 2 its successors or assigns, or such corporation, shall be 3 entitled to the immediate possession thereof. 4 TOGETHER with all and singular the tenements, heredita- 6 ments and ap purtenances thereunto belonging, or in anywise 6 appertaining, and the remainder and remainders, rents, issues 7 and profits thereof, subject, however, to the foregoing s covenants, restrictions and reversions. 9 TO HAVE AND TO HOLD all and singular the said premises, 10 with the appurtenances subject to the foregoing covenants, 11 restrictions and rever,so no unto the said party of the 12 second part, and to its successors and assigns forever; apro- 13 viding, however, that if the said party of the second part , 14 or its successors or assigns, shall at any time abandon the 15 said crossing for a period of three consecutive years , or more, 16 the said party of the first part may enter into possession 17 thereof, and the rights herein granted shall revert back to 18 the grantor thereof. 19 20 IN WITNESS WHEREOF, the said party of the first part 21 has hereunto signed its corporate name and affixed its cor- 22 porate seal by its officers thereunto duly authorized, the 23 day and year first above written. 24 25 HUNTI ON BEACH COMPANY, 26 B 27 Y Fres i dent. 28 B �'� 29 Secretary. 30 31 32 2. 41 _---- ---- ---- COUNTY 4 A Oil this ------ da f ------- ---- ------- in the year nineteen hundred and_ f__ before me, -- - ---- - a.Notary - uhiic in and for the said Count. of ; y Las. to of California, r siding therein,-duly commissioned and sworn, personally a eaa'ed• Iu::_.Y__l - - ------ known to me tQ be the de t and ` �� J known t [tee to lie the Secretary of the - Z -e orporation that executed the ithin instrument, known to me to be e;persons ho executed the within Instrument, on behalf of the Corporation theCei amed, and acknowledged to me that such Corporation executed the sarrr n Witness Whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificat first a written. Notary Publie in and for. �f1...... Co. ty,Stae of CaliYgznia 3. *ACY. N --Corp.—Pres't and Sec'y—Wolcott's Notary Blank aa x s HMINGTON BEACH COMPANY to Ty(y Vic. ~ � CITY OF HU111 ':IHGTQ 143"CHs fr. " 7g a �... Dsted- a. r REC©RI}EU AT R QUEST OF V a � ...• .....• NOV 26 t 9Q9 A 0 ... past..,O/. ...M. In Book. <..7.wa..........Page...:.` .. N..........x:I...... Orange County Records FEEs ............1.............. . . 44 #4f•_ . t City Attarn Hunt g , Beach. �"�Tl�a•n ass T 1 e+r» • Pe F pe?a&/ easem eerr n9 .23 )) .23z) -233 Re co wed p I'es, 'a`4#0 17vc. 17992 THIS INDENTURE, made the 31st day of January, 1912 by and between the HUNTING`i"ON BEACH COMPANY, a corporation, organized and existing under and by virtue of the laws of the State of California, party of the first past , PACIFIC ELECTRIC RAILWAY COMPANY, a corporation, also organized and existing under and by virtue of the laws of the State of California, party of the second part, and the City of Huntington Beach, a- municipal corpo- ration of the state of California, party of the third part , WITN"ESSETH: That the parties of the first and second parts, in con- sideration of one dollar to each of them in hand paid, the receipt whereof is hereby acknowledged, have granted and conveyed and do hereby grant and convey unto the party of the third part a perpetual easement for the pur- pose of a public highway over. and across the following described parcel of land, to-wit : A strip of land seventy'-five (75) feet in width, commencing at the intersection of the southerly line of Ocean Avenue with Main Street in the city of Huntington Beach, county of Orange, state of California, and ex- tending southerly to the Pacific Ocean, thirty-seven and one-half (371) feet on each side of the projection of the center line of Main Street in said city as said Main Street is shown on a map of a portion of saidocity of Huntington Beach, recorded in Book 3 ptc:page 36 of Maps and Miscella- neous Records of Orange County, California; , The said strip over which said easement is granted being the terri- tory lying between the property lines of said Main Street, extended from said southerly line of Ocean Avenue to the Pacific Ocean, together with sufficient control of the said waterfront and tide lands at said point as to give the said party of the third part the right to construct, maintain and operate at the said point a wharf or pier of a width not greater than forty feet, extending out into the Pacific Ocean a distance of not more than three thousand feet .with the right to erect on such wharf or pier such buildings or structures as the party of the third part may deem proper, -1- with the further right to construct at or near the end of such wharf or pier, a building or structure which may extend out on each side of said pier a distance of, not more than one hundred feet from the center line of said pier, reserving, however, unto the parties of the first end second parts the following rights : 1. (a) The perpetual right on the part of said Huntington Beach Company to maintain under and along such wharf or pier as may be erected by, through or under the party of the third part a-,'pipe line to be support- ed from such pier, or any pier hereafter erected abutting on said land hereinbefore described for the purpose of carrying sea waster from such Point as may be determined by said party of the first part to its present bath house adjacent to such pier, or to such other bath house as may here- after be erected by the party of the first part or its assigns on the shore of the Pacific Ocean adjacent to said pier; and upon which said pier the party of the third part shall construct brackets sufficient for the support of an eight inch pipe line, which brackets shall be attached to the Piling under the platform of the pier at such height above the water line as shall be required by the party of the first part; and the party of the third part shall also construct a running board undeZ said pipe line for the purpose of access thereto ; all of which shall be at the expense of the pasty of the third part ; (b) The perpetual right of the party of the first part to erect and maintain a pumping station with all necessary machinery and appliances for the pumping of water from the Pacific Ocean through said pipe line, which said pumping station shall be erected and maintained either under such pier and supported therefrom or alongside said pier and .supported thereon, at the election of the party of the first part, the foundation therefor to be constructed by and at the expense of the pasty of the third Part and which said right shall pertain to any pier hereafter constructed or maintained abutting sa.id land. (c) The rights herein reserved by the party of the first part shall be deemed to be conditions subsequent to the grant herein contained. -2- 2. Said Huntington Beach Company, being the owner of the certain wharf now extending from said land, reserves the right to the structural material therein, but consents to the removal thereof by said party of the second part, provided, however, that said removal shall be accomplished with as little interference as possible with the pumping plant and pipe line of said Huntington Beach Company now attached to and supported upon said wharf. 3. This grant is, nevertheless, subject to the right of the party Of the second part to maintain and operate all railroad tracks, together with the necessary and convenient adjuncts thereto and telegraph, tele- phone and trolley lines or wires now constructed upon and across the prem- ises hereinbefore described, and also to construct , maintain and operate thereon or ,across the same any other or additional railroad tracks, to- gether with necessary and convenient adjuncts thereto or telegraph, tele- phone or trolley lines or wires which the party of the second part may hereafter desire. 4. The grant hereby made is upon the further conditions subsequent that the premises hereinbefore described as lying between said. Ocean Avenue and the said Pacific Ocean and between said extended lines of said Main Street shall at all times be used by the party of the third part for street purposes only, and if at any time such use shall be abandoned or discontinued all rights and privileges on said described territory hereby granted shall forthwith cease and determine and the parties of the first and second parts their successors or assigns shall be restored to their former estate in said premises. The rights herein reserved by the parties of the first and second parts shall inure to the benefit of their successors and assigns. IN WITNESS WHEREOF the said parties of the first and second part have caused these presents to be subscribed by their respective officers and their corporate seals to be hereunto affixed, the day and year first above written. -3- Approved a:s PACIFIC ELECT14IC RAILWAY COMPANY to Form J.W.McKinley (CORPORATE SEAL) By Paul Shoup Vice President Chief Engineer. By Frank Karr By H. A. Culloden Seoreta.ty Approved as HUNTINGTON BEACH COMPANY, to Description (CORPORATE SEAL) E. C.Johnson By C. W. Gates President Assistant Chief Engineer By Alex Mills Secretaty Mate of California, ) 0 ss. County of Los Angeles, ) On this 2nd day of February, in the year nineteen hundred and twelve, A. D. , before me, H. Levinson, a, Notary Public in and for the said County of Los Angeles, State of California, residing therein, duly commissioned and. sworn, person- ally appeared C. W. Gates, known to me to be the President, and Alex Mills, known to me to be the Secretary of the Huntington Beach Company the Corpora- tion which executed the within end annexed instrument, a,nd acknowledged to me that such Corporation executed the same. IN WITNESS W',-�ERFOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. H. Levinson Notary Public ( (SEAL) ) in and for Los Angeles County, State of California. . State of California, 0 ss. County of Los Angeles, ) On this Brd day of February, in the year nineteen hundred and Twelve A.D. before me, F. A. Alspa,ch, a Notary Public in and for the said County of Los Angeles, State of California, residing therein, duly commissioned and sworn, personally appeared Paul Shoup, known to me to be the vice President, and H. A. Culloden, known to me to be the Secretary of Pacific Electric Railway Company the Corporation which executed the within and annexed instrument, and acknowledged to me that such corporation executed the same . -4- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. F. A. Alspach rotary Public ( (SEAL) ) in and for Los Angeles County, State of California. A full, true and correct copy of the original recorded at the request of C. E. Lavering, Feb. 8, 1912, at 6 Min. past 9 A.M. Geo. E. Peters, County Recorder May G. Boynton Deputy ABSTRACT AND TITLE INSURANCE COMPANY hereby certifies that the foregoing is a full, true and correct copy of deed recorded in Book 209, page 231 of Deeds, Records of Orange County, California. ABSTRACT AND TITLE INSURANCE COMPANY By Asst.Secretary -5- a 4 -/a, TOC : 17882 `'11I8 INDENTURE, rude the Slst day of January, 121? by and between the HUNTI G` ON BEACH COMPANY, a corporation, organised and existingunder and by virtue of the lava of the State of California., party of the first part, PACIFIC ELECTRIC RAILWAY COMPANY, a corporation, also organized and existing under :and by virtue' of the lame of the State of California, party. ;.y Of the second part, and the City of Huntington` $each, a municipal corpo-' ration, of they state of California., party of ` the third part, WITNEaSETH t That the parties of the first and second parts, in con- sideration of one dollar to each of them in hand. paid* the receipt whereof is hereby acknowledged, have granted and conveyed end coo hereby grant and convey unto the party of the third part a perpetual easement for the pur- pose of a pubic highway over and across the following described parcel of land, to-wit ., A strip of land seventy-five (75) feet in width, commencing at the intersection of the southerly line of Ocean Avenue with Main Street in the city of Huntington teach, county of grange, state of California, and ex- tending southerly to .the Pacific +oean, thirty-seven and one--half (37J) feet on each side of the projection of the center line of Main Street in said city as said Main Street is shown on a map of a portion of said vit,y of Huntington. Beach, r7corded in Book 3 Wlage 36 of Maps and: Miscella- neous Records of Orange County, California; Tree said strip over which said easement is granted being the terri- tory lying between the property lines of said Main Street, extended from . said southerly line of ocean Avenue to the Pacific Ocean, together with sufficient control of the said waterfront and tide lands at said point as to give the said party of the third' part the right to construct, maintain and operate at the; said point a wharf or pier of a width not greeter than forty feet, extending out into the Pacific Ocean a distance of not more than thgee thousand feet with the right to erect on such wharf or pier sucsh, buildings or structures as the party of the third part may deem proper, with the further right to oons#ruct at or near the end of such Wharf or pier, a building or structure which may extend out on each side of said pier a distance of not mare than one hundred feet from the center' line of said pier, re-serving* howevert unto the parties of the first and second parts the following rights: l.. (a) The perpetual right on the part of said Huntington Beach Company to maintain,under and along such Wharf or pier as may be erected by, througU or under, the party of t he third part sq I pipe line to be support- ed from such pier, or any pier hereafter erected abutting on said land hereinbefore described for the purpose of carrying sea water from such point as may be determined by said party of the firdt part to its present bath house adjaceat to suchpler, or to such other bath house as may here- after be erected by the pe.rty of the first part or Its assigns on the shore of the Pacific Ocean adjacent to said pier- and upon which said pier the party of the third part shall construct brackets sufficient for the support of an eight Inch pipe line, whichbra,okets shall be attached to the piling under the platform of the pier at such height above the water lins as shall be required by the party of the first part; and the party of the third part shall also oonstruct a running board under said pi* line for the purpose of access thereto, all of wUich shall be at the expense of the party of the third part; (b) The perpetual riglit of, the party of the first part to erect and maintain a pumping station with all. neceasary machinery and appliances for the pumping of water from the Pacific Ocean through said pipe line, which said pumping station shall be erected and maintained either under such pier and supported therefrom or alongside said pier and supported thereon, at the election of the party of the first part, the foundation therefor to be constructed by and at the expense of the party of the third part and which said right shall pertain i;o any pier hareafter constructed or maintained abutting said land, (o) . "the rights herein reserved bar the party of the first part shall be deemed to be condit0as subsequent to the grant herein contained. 2. Said Runtington Beach Company, being the owner of the certain wharf now extending from said land, reserves the right to the structural ma.td► ; al therein, but consents to the removal thereof by said party of the second part, provided, however, that said removal shall be accomplished with as little interference as possible with the pumping plant and pipe line of said Hubtington Beach Company now attached to and supported upon said Wharf. 3. This grant is nevertheless, subject to the right of the party of the Second part to maintain and operate all, railroad tracks, together with the necessary and convenient adjuncts thereto and ,. .. phi, tel.,e- phone and trolley lines or wires now constructed upon: and across the prrem-- tses hereinbefore described, and. also to csnstruct, maintain and operate thereon or across the same any other or additional railroad tracks, to- gether with necessary and convenient adjuncts thereto or telegraph# tele- phone or trolley lines or wires which the party of the second part may hereafter desire. 4 The grant hereby made is upon the further conditions subsequent that the premises herein.bef'oree described as lying between said Ocean Avenue and the said Pacific Ocean and between said extended lines of said Main Street shall at all times be used by the .part; of the third part for street purposes only, and if at any time such use shall be. abandoned or discontinued all rights and privileges on said described territory hereby granted shall forthwith oea.se and determine and the parties of the first and second parts their successors or assigns shall be restored to their former estate in Said premises. `i"h;e rights herein reserved by the parties of the first and second parts shall inure to the benefit of their successors and iss gns. IN ITUSS WHZR90F the said parties of the first and second part have caused these presents to be subscribed by their respective officers cers and their corporate sear to be hereunto affixed, the day and year first above written., Approved as PACIFIC tLVC`CAIC RAILWAY COMPANY to i+oTm J.W. oKinlsy (CCPPORATE SVAL By Paul Shoup vice President Chief engineer.. By Frank Karr By H. A Culloden secTetaty Approved as WMINGTON BEACH OO PAR11 to Description (CORPORATE SEAL) E.0,Johnson By C. W. Gates President Assistant Chief Engineer By Ater mi.17.s Secretaty Otate of California, Sk V 0s. County of Los Angeles, ) On this send day of February, in the year nineteen hundred and twelve, A D., before me, R. Levinson, a 'rotary Public in and for the said County of Leas Angeles*' Mate of California# residing; therein, duly commissioned and sworn# person— ally appeared C. W. Cues, known to me to be the President, and. Alex Mills, known to me to be the Secretary of the Huntington Beach. Company the C oTpvrd_ tion which executed the within and annexed instrument$ and acknowledged to me that such Corporation executed the same IN WITNESS VVEMY, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written, R. Levinson Rotary Public ( (SEAL) } in and for Las Angeles Oounty, California * State of Qal.it orn a a as County of Los Angeles,,; Can this and day of February, in the year nineteen hundred and. Twelve A..b 'before moo F. A. Alspach, a Notary Public in azid for t b-. said County of Las Angeles, State of Cfaliforn:ia,, residing ther in$ duly commissioned and sworn., personally appeared Paul. Shoup., known to me to be the vloe President, and H. A C?ul:laden, known to me to be the Secretary of Pacific Electric Railway Company the Corporation which executed the within and annexed instrcxm rit arid acknowledged to me that such corporation executed the same. IN WITNESS WITREOF, I have hereunto set my hand and affixed my official., goal the day and year in this certificate first above written. F. A. Alspach Notary Public in and for Los Angeles Caantyt. State of California. A Ball,, true and correct copy of the original recorded at the revert of E. Laveringt Feb. 80 Lil2, at 6 Min. past 9 A.M. Geo. V. Peters, County Recorder Mey G. Boynton Deputy ABSTRACT AND TITU INOURANOX COVANY Uoreby sertitie$ that the foregoing is s fuUs Ulue #Ad Oonsat oopy of deed Xeo*Vdod Book 209# me 231 of Dedst Reouds of Ov a Oqmtrt 0411o * ABSTRAOT AND TITLE INSURANOX GOUPANY ea� �e�re� Re<w�,-n MENI, ON 1001 1110 OWN 11IMM-01. m N 11MMOMIMEN NMI ....... ...... ...... .... ... "ON RIMINE ------------------ MEEMMMUMM IMME MINI 11MORNIN N m IMEMINS, Mzffll� NENMEMOMME, -l\ NOMMIR ----- ------- ------ 'ONNN, LM IMMINI ISSRIISSRAR: N N 110, SOMINC, MR\ lk