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HomeMy WebLinkAbout1930-06-23 - Deed HUNTINGTON BEACH CO y / 0 26 THIS .AGREELMT, dated this day of 1 , between HTINGTON BF,CH' C Y, a California corporation, first party, and the CITY OF HUNTINGTON BEACH, a municipal corpora- tion, of the County of Orange, State of California, second party, CFI TNE33ETH: WHES, by that certain snap of the Subdi- vision known as "Tract 12" of the City of Huntington Beach, County of Orange, State of California, the first party dedicated to public use all public high- ways, parks, courts, commons and other grounds shown thereon, intended for public use, which said map was recorded in the Office of the County Recorder of said Orange County on the 25th day of July, 1914 in Book 13 of Miscellaneous Maps, at Page 9; and WHEREAS, by that certain deed dated June 22, 1915, the first party conveyed to the second party s strip of land in said City of Huntington Beach, Coun- ty of Orange, State of California, provided, however, that said strip of land be used exclusively for street purposes and to be known as "Main` Street" which said deed was recorded in the Office of the County Recorder of said Orange County on the l�day of , 1915, in Book 277 of Deeds , at Page 97; and f WHEREAS, by deed also dated June 22, 1915, the first party conveyed to the second party a strip of land in said City of Huntington Beach, County of Orange, State of California, provided, however, that said strip of nand be used exclusively for park purposes, wh .-ch said deed was recarded in the office of said County Rec- (, order' of f)ranga+ County on the /16 '"' day of 1915, in Book 977 of Deeds, Page 100; and WHEREAS the, second party has asked the first party for its consent to the widening of the traffic lanes of said Main Street by dedicating to such purpose five (5) feet, of the easterly and westerly sides of said strip of land dedicated and conveyed to the second party by the first: party for park purposes, so that each of said traffic lanes running east and west of said strip of land so dedi- cated and conveyed for park purposes shall be of the width of forty-two and one-half _(42 ) feet instead of thirty-seven and one-half (37j) feet, and the said strl,,p dedicated and conveyed by the first party to the second party for park purposes shall be narrowed from forty-five (45) feet to thirty-five (35) feet; and f WHEREAS, first party 3s willing to give each con.- sent: N o _w, T h a r e` f o- r a, for and in considerate tian of the sum of one dollar ($1..} ,`Lawful >money of the VT! nited States, by the second party to the first party paid, receipt whereof is hereby acknowledged, ,the first party here- by consents to the widening of said Main Streot by dedicating to such purpose text (10) feet of the said strip of land dedi- cated and conveyed by the first party to the second party far park purposes, all is accordance with the foregoing recitals, ' provided, however, that this consent shall at no time be deemed as a- waiver by the first party of whatever right, title and interest the first party, its successors or as- signs, has or shall have in and to the strips of land heretofore referred to and dedicated and conveyed by it to the second party for street purposes and park purposes, respectively, in the event that said strips of land, or either of them, or any part thereof, except as herein pro- vided, should be used by the second party, its successors or assigns, for purposes other than thane for which they were dedicated and conveyed by the first party to the sec- ond party under said map and deeds hereinbefore referred to; it. being understood that the parties hereto construe the said map and deeds hereinabove referred to as convey- ing to the second party the 'said strips' of ,land on` condi- tion that if they are not used for street purposes and park purposes, respectively, the .title thereto shall re- vert to the first party, its successors or assigns. The second party hereby agrees for itself, its successors or assigns, to be bound by the express condition upon which the within consent is given. IN WI ASS �i�, on the day and year first hereinabove written, the parties hereto have executed these presents by their proper officers thereunto duly authorized.. HDN2'IN B C COMPANY By e- x. ld it By � Assistant ears _p rs a y BEACH' � B � Ucond x ar=y` F _ :,*tate of (t A forma, ss. City and County of BanZ-1.11111.111day Cisco, On this............... ... ..•- - of--,,-.-,........ ................................. in the year of our Lord One Thousand Nine Hundred and.......... �... ......................... before me, FRANK L. MTN, a Notary Public in and for said City and County andftate, residing therein, duly commissioned and sworn, personally appeared ...... J Haana and ..,__Yd,.LETNER..............................known to me to be the ..............vice-President and-Assistant Secretary respectivety_of _ ._........................ L-_-•• __. ''.�'..----s ...... .........the Corporation described in and that executed the within instrument, and also known to me to be the person� who executed it on behalf of the said Corporation therein named, and..........heY....... acknowledged to me that such Corporation executed the same.................................. ._....---•....--•............................•-................................._.........----•-----..........................---••----•--.....----....... ITNESS WHEREOF,I have he set my hand and a4txed my �is l Seat, my office in the C' C my d State aforesaid the day r in this certificate first a ve writ .................................................. --__...__--••-_....-_-------••---.................................. Notary Public in and for said City and ounty of San Francisco, State of Caltfornia