HomeMy WebLinkAbout1913-04-21 - Easement JOHNSON, W. A. & SARAH it
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ORIGINAL
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THIS INDENTURE, Made this 18th day of December,15 3, between
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PACIFIC ELECTRIC RAILWAY COMPANY, a corporation duly incorporated
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under the laws of the State of California, party of the first pert
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and the CITY OF HUNTINGTON BEACH, a municipal corporation of the
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State of California, party of the second pert .
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WITNESSETH: That said party of the first part hereby
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grants to the said party of the second part , easements for high
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way purposes across that part of the permanent right of way of
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the said party of the first part in the City of Huntington Beach,
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County of Orange,State of California, described as follows , to-wit
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A piece or parcel of. land situate in the City of Hunting-
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tarn Beach, County of Orange,State of California,being a portion of
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Sec.l4 T 6 S . R 11 W . S .B.B. & M. , more particularly described
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as follows:
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Beginning at the intersection of the South-westerly pro-
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longation of the South-easterly line of First Street with the
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South-westerly line of Ocean Avenue, as shown on map of Huntington
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Beach, recorded in Book 3page 36, Miscellaneous Maps,Records of
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Orange County,California; thence S .4Q0 23' E.along the South-
21 easterly prolongation of said South-westerly line of Ocean Avenue
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two and ninety-nine hundredths (2 .95) feet to a point in the
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Southerly line of that certain sixty (60) foot right of way
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described as parcel Third in deed from Huntington Beach Company to
25 Los Angeles Inter-Urban Railway Company , recorded in Book 155,
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page 260 of Deeds,Records of Orange County,California; thence
27 Easterly along a curve concave to the North having a radius of
28 five hundred seven and six hundred and eighty-three thousands
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(507.683 ) a distance of one hundred forty-six and thirty4three
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hundredths (146.63) feet to a point; thence N .490 23' W, eighty
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and,i�seventee'a hundredths (80.17) feet to a point in the Northerly
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1.
I line of said Sixty (60) foot right of way; thence Westerly along
2 a curve concave to the North having a radius of four hundred
3 forty-seven and six hundred eighty three thousands (447 .693)
4 feet & distance of thirty-nine and thirty-eight hundredths (29 .39)
5 feet to a point in said South-westerly prolongation of the South-
6 easterly line of First Street; thence S.400 37' W.along the South-
7 westerly prolongation of the South-easterly line of First Street
8 a distance of Seventy-three and nineteen hundredths (73 . 19 ) feet tc
9 the point of beginning.
10 Also a parcel of land eighty (80) feet in width, situate in
11 the City of, Huntington Beach, County of Orange, State of California,
12 being a portion of Sec .14,T 6 S , , R.11 W ., S .B .B . & M. and being
13 more particularly described as follows :
. 14 Beginning at a point in the Northeasterly line of that
15 certain strip of land sixty (60) feet in. width Fourth described
16 in deed from the Huntington Beach Company to Los Angeles Inter-
17 Urban Railway Company recorded in Book 155,page 260 of Deeds,
18 Records of Orange County,California, said point of beginning being
19 described as follows:
20 Commencing at the intersection of the south-westerly pro-
21 longation of the South-easterly line of First Street with the
22 South-westerly line of Ocean Avenue as shown on map of Huntington
23 Beach recorded in Book 3oPage 96 Miscellaneous Maps,Records of
24 Orange County ,CaLlifornia; thence S. 490 23' E.two hundred fourteen
25 and three tenths (214 -3) feet to a point; thence S . 55* 43' E
26 nine hundred and forty (940 ) feet to the point of beginning;thence
27 from said point of beginning S 550 431 Evalong the Northeasterly
28 line of said sixty (60) foot right of way eighty (80) feet; thence
29 5- 34o 17' W.Sixty (60) feet to a point in the South-westerly line
30 of said sixty (60) foot,.-right of way ; thence N .550 43' W along
31 the South-westerly line of said sixty (60 ) foot right of way
32 eighty (90) feet to a point; thence N . 34o 17' E sixty (60) feet
2.
1 to the point of beginning.
2 Said pieces or parcels of lend being more particularly
3 shown by the colored portion of the plat hereto attached and
4 hereby made a part hereof.
5 This grant is nevertheless subject to the right of the
6 party of the first part to maintain and operate all railroad
7 tracks thereon and thereovpr together with necessary and covneient
8 adjuncts thereto and telegraph lines now constructed upon and
9 across the premises hereinbefore described, and also to construct,
10 maintain and operate thereon, . or across the same, any other or
11 additional railroad tracks , together with necessary and convenient
12 adjuncts thereto, and telegraph and telephone lines that the
13 party of the first part may hereafter desire.
14 The grant hereby made is upon the further condition sub-
15 sequent that the grantee agrees to construct and maintain such
16 roadway crossings to conform with the grades of the tracks of said
17 grantor as now exist or that may be established in the future.
18 This grant shall not confer upon the party of the second
19 part the right to construct public highways upon the parcels of
20 Land hereinabove described and across the railroad tracks of the
21 party of the first part, unless and unt.,il said party of the
22 second part shall first secure from the Railroad Commission of the
23 State of California, its permission for the construction at grade
24 of such public highways across the railroad tracks of said party
25 of the first part, together with the further permission of said
26 Commission for the construction at grade by said party of the
27 first part, its successors and assigns , at any time, of additional
28 railroad track or tracks upon and across said parcels of land.
29 The grant hereby made is upon the further condition sub-
30 sequent that the premises aforedaodr#bed shall at all tides be
31 used by the party of the second part for highway purposes and
32 no other , and if at any time such use shall be abandoned or
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'discontinued, all rights and privileges hereby granted shall
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forthwith cease and determine, and the party of the first part
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its successors or assigns, shall be restored to its former estate
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in said premises.
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5 1N WITNEBr WHERPOF, the party of the first part has
caused its corporate name and seal to be hereunto affixed the day
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7 mind year first above written.
( (CORPORATE SEAL) ) PACIFIC ELECTRIC RAILWAY COMPANY
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By Paul Shoup,President
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And H.A .Culloden,Secretary
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State of California )
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County of Los Angeles ) On this 18th day of December in the
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year nineteen hundred and 13, A.D.
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before me, F.A .Alspach, a Notary Public in and for the said County
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of Los Angeles ,State of California, residing therein,duly commis-
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sioned and sworn,personally appeared Paul Shoup, known to me to
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be the President, and H.A.Culloden, known to me to be the Secretor
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of Pacific Electric Railway Company, the Corporation, which
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executed the within and annexed instrument , and acknowledged to
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me that such Corporation execrated the same .
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In Witness Whereof, I have hereunto set my hand and affixed
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my official seal the day and year in this certificate first
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above written.
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( (SEAL) ) F.A.Alspach Notary Public
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in and for Los Angeles County ,
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State of California.
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My Commission Expires April 24,1915.
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Map attached to original bopy,
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A full, true and correct copy of the original,recorded at
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the request of Grantee Dec .3,1515 at 30 min.past 1 P.M.
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Justine Whitney County Recorder
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Hattie Powers,Deputy ..
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li
E OF CALIFORNIA,
;ounty of Orange, nt appearing 9 �n� ;recorded in ;
I HEREBY CERTIFY The foregoing to be a full, true
and correct cop ^af the instrrLrrie
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No
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Page------2
.- Z79---- ---- Of -
u and that I have carefully compared the same with the original record. affixed m o�ieuxl seal
rds of Orange County, hand and a fi y
IN WITNESS WHEREOF 1 have hereunto set rriy
Jant�alY-- --- --
192-- -•
. da o
-- . ------..County Recorder.
.......
Deputy.
By-- - -
-----
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F..CAL10Ql• NIA, SSA
kfNTY SAPI BERNARDMO
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a - ------ ------ ------ Onc Thousand Nine Hund r ed and-_t } ik' e
.: 2Iist --
Abe e. r ., Q_. . H MU qq a Notary Public in and for the said County of SaA$ernardmo,Mate
arsia;resdrag :` ,duly commissioned and sworn,personally appeared
--.--_______________:________'_ -------
persona y'6mown to me to be the same person-Awhose. name!!__&'r-0.bscrd to.the within
instrument, and-_the acknowledged to me that----- , executed the same.
IN '�7tTIT � 7VI=I1*.I PUF; I have lxeretutto set my hand and,affixed'-my t}fl"a W
,Seal AcAity,andax is this,Certificate,first above written.
r ablxc xft and fmr Be p a State ofaa €r#xf ea
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State of California
ss
COUNTY OF LOS ANGELES
------- -----t-------day of r xl A. D., 19 Z before me,
On this 26h ---------------- ----
__J. Howard --rjj�tl_1*------------a Notary Public in and for the said
- - - - -- -
County and State,residing therein,duly commissioned and sworn,personally appeared
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known to me to be the person whose name----..s-----------subscribed to the within
Instrument,and acknowledged to me that he executed the same.
7"'Witn"s W- bereof, I have hereunto set m hand and affixed rn official seal
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the day and year in this ertificate first above written.
-------- --- --- --- ---------- ------------ ------------------- ---------- ---- ---
—� Nota--Public In and for said County and State- of California
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�,_ `-;WLEDGMENT lieneral-.-h'otcott's Notary Blank z3z
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2 WHEREAS, W. A.. Johnson and Sarah C. Johnson, his wife,
3 0. J. Newman and Carrie E. Newman, his wife, and John A. Brown,
4 a single man, certain of the inhabitants of the City of Hunting-
5 ton Beach, California, have petitioned the Board of Trustees of
6 said City to accept and lay out a certain piece of ground for
7 street purposes:, which said street is proposed to be located as
8 follows, to wit:
9 Beginning at the Easterly corner of
Lot 22, Blk. 808, Valley View Tract as re-
10 1 corded in. Book 5, at page 11 Miscellaneous
Daps, Records of Orange County, California,
11 thence west along the South line of Indian-
apolis Street ten feet to a point ; thence
12 j Southerly to the Easterly corner of Lot 20
of said Blk 808; thence Northeasterly along j
13 the Westerly. line of Frankfort Street to the
point of beginning being a triangular iece
14 of land; being part of Lots 21 and 22 oT said
Blk 808
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NOW, THEREFORE, in consideration of the location and �
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establishment of said street as above described and of the bene-
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fits to accrue to us and each of us by such location, we, the
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19 undersigned, owners, occupants and claimants; of land required
20 and hereby dedicated for street purposes, do hereby signify our
approval of the location of said street on said land and do here-
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22 by consent thereto, and we do hereby grant and dedicate the said
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land above described, belonging to us and each of us , so far as
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the same may be required for such street to said City of Hunting-
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ton Beach to that purpose and for the use of such street ; and we
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hdreby waive all claims for damage for and on account of the same.
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IN WIT14ESS WHEREOF, we have' hereunto set our hands and seals
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28 this z /" day of April, 1913.
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( SE
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32 g[Lr > �zr. 11L/�� � J SEATS)
SEATS)
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STATE OF CALIFORNIA, �
ss
2 COUNTY OF ORANGE.
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4 On this day of . in the year of our Lord one
5 thousand .nine hundred and thirteen, before me,
6 r a Notary Public, in and for said County
7 and State, residing therein, duly commissioned and sworn, person-
s ally appeared W. A. JOHNSON and S.ARAH C. JOHNSON, his wife,
10 i known to me to be the persons described in, and
11 whose names are subscribed to the witlin instrument, and they
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12 acknowledged to me that they executed the same.
13 IN WITNESS WHEREOF, I have hereunto set my hand and affixed
14 my official seal, the day and year in this certificate first j
i-� above" written. I
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o tar ub 11 c i n and ~r
18 (NOTARIAL SEAL) Orange County, California.
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