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HomeMy WebLinkAbout1959-10-21 - Deed PECK-THATCHER-TITLE INS s ' r o9 • ���� fay •. D E E D FOR A GOOD AND SUFFICIENT CONSIDERATION, the undersigned (a) DOROTHY T. PECK and CHARLES H. THATCHER, as executors of the will of Aldrich R. Peck, deceased, under appointment and qualification in pending pro- ceedings for administration of his estate, No. 398154, in the Superior Court of the State of California, in and for the County of Los Angeles; and (b) DOROTHY THAYER PECK, CHARLES H. THATCHER and TITLE INSURANCE AND TRUST COMPANY, a California cor- poration, all as (and who join herein and are bound hereby onlyas) trustees of the trust underwritten declaration thereof by Carrie A. Peck dated December 18, 1936, all of the above named as grantors, hereby grant to THE CITY OF HUNTINGTON BEACH, a municipal corporation duly incorporated, organized and existing as such under the laws of the State of California, the following described real property (with exceptions and reserva- tions therefrom and only for and limited to uses and purposes and upon and subject to conditions and other matters all as hereinafter provided) , to wit: The southerly forty feet (40') of the southwest quarter (SW/4) of the northwest quarter (NW/4) of Section 1, Township 6 South, Range 11 West, S.B.B.& M. in the city of Huntington Beach in the county of Orange, state of California, Excepting from said southwest quarter (SW/4) of said northwest quarter (NW/4) , the following described portions thereof, to wit: (a) The portion of said southwest quarter (SW/4) lying within the following described parcel, to wit Beginning at the southwest corner of the north- west quarter (NW/4) of said Section 1; running thence east 530 feet; thence north 2466 feet; thence west 530 feet and thence south 2466 feet to the point of beginning; and further excepting (b) The east four (4) acres of said southwest quarter (SW/4) ; and EXCEPTING AND RESERVING from the land the subject hereof, in perpetuity y an, for the benefit as hereinafter stated, of said respective grantors, their heirs, successors and assigns, including distributees as to said decedent' s estate and re maindermen as to said trustees) and there is hereby expressly so excepted and reserved; Separately by said executors, anundivided fifty per cent (5WI.) of the entire 1007.,inUorest; and Separately by said trustees the like undivided fifty per cent (50%) of the''entire 1007. interest, 011 (such reserved interests aggregating as to all of said grantors the entire 100% interest) [1] r.r,ry d in and to and in ownership of all oil, gas and other hydrocarbon or other mineral substances in, under or that may be produced or recovered from that portion of said land below a depth of two hundred feet (200') from its present surface, with all rights incident thereto, other than and not including any right (and there shall be no right under such exception and reservation) of entry upon or use of any of the surface or subsurface of said land above a depth of two hundred feet (200') from its present surface; but with and including in such exception and reservation for the benefit of those entitled thereto, the right at any and all times to enter upon and into any and all parts of the portion of said land below such depth of two hundred feet (200') from its surface, for the purpose of exploring and drill- ing for, mining, developing, removing and extracting any and all such substances, by slant or directional drilling or other ope- rations from other land, entering into and penetrating the above described land only below such depth of two hundred feet (200') from its surface. SUBJECT and the property conveyed hereby is so granted and con- veyed subject to conditions, restrictions, reservations, ease- ments and rights of way of record affecting saidproperty. g Y � This conveyance is made and accepted upon the express condition subsequent that the land conveyed hereby shall be used only for public street and highway purposes; and upon any breach of such condition said land shall automatically revert to said grantors, their heirs, successors or assigns, who shall have the right of immediate reentry upon and repossession of said land in the event of any such breach. This conveyance is further made and accepted, and shall be, with- out any warranty or covenant, either express or implied, by or on the part of the undersigned or any or either of them. This deed is executed and joined in by said executors pursuant to an order of said court duly made in said administration proceeding September 15, 1959, authorizing said executors to make this conveyance as to and binding upon the interest of said estate in the land convey- ed hereby; and a copy of said order certified by the clerk of said court is attached hereto as and made part hereof. IN WITNESS WHEREOF, said executors and trustees have executed this instrument and said corporate-cotrustee has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its undersigned officers thereto duly authorized. DATED: October CV , 1959. orot aye ec 11 ,7 I ri� rr orot y Peck.-- , 1 Chat es H. atc er C ar es H. atc ems; t (Heal) 3H�ANCE AND TRUE-�lt'fl�PANY (as such execuors) 1 B Its Vice President By , (all as such trustees) [2] STATE OF CALIFORNIA } } ss. County of Los Angeles } On October 631 1959, before me, the undersigned, a Notary Public in and for said county and state, personally appeared DOROTHY T. PECK and CHARLES H. THATCHER, known to me to be the executors of the will of Aldrich R. -Peck, deceased, and known to me to be the persons whose tames are subscribed to the within and foregoing in- strument as such executors and acknowledged that they executed the same in such capacity. ' Witness my hand and official seal. �, 01, .e fi (Seal) Notary Publicin Axv or,..:# unty and :Sl;e . my Cemmtsslon Fores Novisffi ' .,36 STATE OF CALIFORNIA } ) ss. County of Lo s Ange les } On October 1959 before me the: undersigned, ,a Notary Public in and f r said count and state Pu Y , personally P Y appeared DOROTHY THAYER PECK and CHARLES H. THATCHER, known to me to be trustees of the trust under declaration thereof by Carrie A. Peck dated December b the persons whose names are sub,Scr,i ed � l 6 and known to me to a � . 18, 93 n P instrument as such trustees andkxfcw°�.' ; to the within and foregoing � ledged that they executed the same in such capacity. Witness my hand and official seal. : r (Seal) ) or a ` otar Pu blic s Y County and ,Statia;fo G1. GLI:Qzieien"7 e�o��o©r:ova STATE OF CALIFORNIA } } ss. County of Los Angeles } On October 23 , 1959, before me, the undersigned, a Notary Public in and for said county and state, personally appeared Jame n_ wa _nei l , known to me to be the lice Presidgiat , and known to me to be the of TITLE RUST COMPANY, the corporation that executed the within and foregoing instrument as trustee as stated therein, and known to me to be the persons who executed said instrument on behalf of said corporation, and acknowledged to me that said corporation executed said instrument as such trustee, pursuant to its by-laws*® a resolution of its board of directors. WITNESS my hand and official seal. Zzz- N(Seal} / U.. ' RECORDED AT REQUEST OF a c In an �,Bax ounty and 'St#te. ' k �7P;7GTOY aranu $IV OFFICIAL RECORDS OF' a WatkinsORANGE COUNTY,CALIF, 9:05 AM NOV 12 1959 RUBY WFARLA ,FREE` ND Con Rec card r�Y e i �I [3l IN THE SUPERIOR COURT OF THE STATE OF CAIMRNIA IN AND FOR THE COUNTY OF LOS ANGELES 3e�ftember 152.... 18..A Order and. Decree No...?........_... ._. 4 Dept.------ ------ •-------- ........... of the above entitled Court convetI" the Honorable - Burdette __J. Daniels, _Judge PreLiding, and the following proceedings were had: No...3981.�......... ........._... In the Matter of the Estate ORDER DIRECTING CONVB"l NCE OF Q 4 of INTEREST IN REAL PROPERTY ALDRICH R. PZCK9 Deceased. The petition for authority to convey certain real property to the City of Huntington Beach without consideration, for street or highway purposes, of Dorothy T. Peck and Charles H. Thatcher, as executors of the estate of said deceased by Harry A. Keithly, " their attorney, coming on this 15th day of Aeptenber, 1959, for hearing by the Court, all notices of said hearing having been given as required by law, and it appearing to be for the best interests of said estate and those interested therein, that in lieu of eminent domain proceedings, that said executors make such conveyance to the City of Huntington Beach; Now, therefore, it is Ordered Adjudged and Decreed by the Court that said Dorothy T. Peck a;J Charles H. Thatcher, as execu- tors of said estate are hereby authorised and directed to convey to the City of Huntington Beach, without consideration, and for street or highway purposes the southerly 40 feet, to the extent of the undivided one-half Interest of the said estate in and to the following described real propertys The southwest_quarter of the northwest quarter of Section 1, Township 6 South, Range 11 West, S.B.B. do M., in the City of Huntington Beach in the County of Orange, State of California; EXCEPTING from said southwest quarter of said northwest i quarter, the following described portions thereof to wit: a. The portion of said southwest quarter lying within the following described parcel, to wits Beginning at the southwest corner of the northwest quarter of said Section 1; running thence east 530 feet; thence north 2466 feet; thence west 530 feet and thence south 2466 feet to the point of beginning and further excepting b. The east our acres of said southwest quarter; which land and interest of said estate is subject to conditions, restrictions, and reservations, if any, of record affecting the same and to easements and rights of way of record, including an easement of record for street or highway purposes over and affect- ing the southerly 20 feet of said land -.• which last mentioned southerly 20 feet is now and under such easement, included in and part of a public street in said City of Huntington Beach,, desig- nated as Yorktown Street; with and subject, however, to the exceptions and reservations by said executors and said estate on such conveyance, and to be expressed therein, substantially as followet EXCEPTING AND RESERVING therefrom in perpetuity by and for the benefit of said decedent' s estate and executors and their suc- cessors and assigns and those entitled under or through any of them, including without limitation, distributees of said estate (and to the full extent of the ownership thereof and right therein held by said decedent at his death or since acquired by his estate) , full ownership of all oil, gas and other hydrocarbon (1) PROBATE ORDER AND DECREE ur7203 -is/s (Pg. 2. 9/15 #2) 398154 - Estate of Peck, Deceased. or other mineral substances in under or that ma be produced or � y recovered from that portion of said land below a d th of 200 feet from its present surface, with all rights incidental thereto, other than and not including any right (and there shy be no right under such exception and reservation) of entry upon or use of any of the surface or subsurface of said land above a depth of 0 esurface; but with and includingis such 0 feet f it t 2 f from s present exception and reservation for the benefit of those entied � thereto, the right at -any and all times to enter upon and into any and all parts of the portion of said land below such depth of 200 feet from its surface, for the purpose of exploring and drill- ing for, mining, developing , removing and extracting any and all such substances, by slant or directional drilling or other opera- tions from other land, entering into and penetrating the above described land only below such depth of 200 feet from its surface. ME WCUMENT TO!WI4ICA THIStiCERTIFICATE IS AV fACI-&46 A FULL,TRUE A4@D COMkECT COPY OF THE ORIOIh AkI F E AND OF R F IN MY OFFICE. ArTEsC 2.... 399_ �9.V . tleD�11 t1 1 @ County Clerk and�44erk of the S pedoi 4� Court of the 5t t-Of (�allfornie,'In and ` r jh5e Cquaty of"Los Angeles, f 9Y ..».. .H:. DEPUT` This is to certify that the interest in real property conveyed by the deed dated October 21, 1959 from DOROTHY T. PECK AND' CHARLES H. THATCHER, AS EXECUTORS OF THE WILL OF ALDRICH R. PECK, DECEASED UNDER APPOINTMENT AND QUALI- FICATION IN PENDING PROCEEDINGS FOR ADMINISTRATION OF HIS ESTATE, NO. 398154, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES; and DOROTHY THAYER PECK, CHARLES H. THATCHER AND TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION, ALL AS (AND WHO JOIN HEREIN AND ARE BOUND HEREBY ON AS) TRUSTEES OF THE TRUST UNDER WRITTEN DECLARATION THEREOF BY CARRIE A. PE DATED DECEMBER 18, 1936, to the CITY OF HUNTINGTON BEACH, a Municipal Corporation, is hereby accepted by order of the City Council of the City of Huntington Beach on November 2, 1959, and the Grantee consents to recordation thereof by its duly authorized officer. DATED: November 10, 1959• •, ', ram,,= By ,' John L. Henricksen, ., .n -.... City Clerk v z Ow r v VOW l*SIR'" r r , x" 4of city, IjOk �. � , 3. > � 4 s LAW OFFICES HARRY A. KEITHLY 712 PERSHING SQUARE BUILDING 448 SOUTH HILL STREET LOS ANGELES 13,CALIFORNIA TELEPHONE MADISON 9-2339 March 18, 1960 Mr. C. A. Bauer City Attorney City of Huntington Beach Huntington Beach, California Dear Mr. Bauer: With my letter of October 28, 1959, 1 sent you a deed executed by the Aldrich R. Peck executors and the Carrie A. Peck trustees for the purpose of conveying to Huntington Beach for street and highway purposes,part of- the southerly 40' of the SW/4 of the NW/4 of Section 1, Township 6 South, Range' 11 West,7)subject to certain matters/ Will you please check and advise whether and when that deed was formally accepted and recorded and the record references. Your truly, Harry A. Keithly HAK:cs cc-Mr. M. L. Brittain (Trust PP 13334)