HomeMy WebLinkAboutPeck Estate - 1963-04-18 }
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THIS ACREMVI!, made and entered into this
day of April, 1963, by and between the CITk OF IUNTINQTON
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EEACN, CrLIVORNIA, a municipal corporation (hereinafter
referred to as "the City") , and DOROTHY T. PECK, also known
as DOROTHY THAYER PECK, also known as DOROTHY T. PECK FLYNN,
individually; DOROTHY T. PECK, also known as DOROTHY TIJAM
PECK, also known as DOROTHY T. PECK FLYNN, as Trustee of
` the Trust under the Will of Aldrich R. Peck, deceased; asund
DOROTHY THAYER PECK, also known as DOROTHY T. PECK FLYNN,
and TITLE INSURANUE k.ND TRUST COMPANY, TR1JSTEES OF THE TRUST
UNDER WRITTEN DECLARATION THEREOF BY CARRIE A. PECK DATED
,
DECEMBER 181 1936 (hereinafter collectively referred to as
"Peck" ) ; 1.
WI T NESSETH:
WHEREAS, Peck is deglrous of developing and
Lmproving certain parcels of land owned by Peck and located
in the City of Huntington Peach; and
WHEREAS, the improvements and development con-- '
templated by Peck will inure to the berefit of the City of
Huntington Beach and the citizens thereof in that they will
effect the utilization of an heretofore undeveloped area of
the City, expand the industrial base of the City, provide
increased employment for re►.idents of the City, and result
inan increased assessed valuation of the property so
developed thereby increasing the tax revenues of the City;
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` WHEREAS, the City is desirous of acquiring
i rights of way and easements for street and road purposes
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g the property to be so developed, which
public streets and roads will facilitate the flow of traffic
in and through the City and will facilitate police, fire
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and similar services to residents of that area of the City;
and
WHEREAS, the City wishes to acquire such ease--
mento and rights of tray for the public at the lowest
possible cost to the City, and the City understands that
i Peck is willing to dedicate such rights of way and ease-
: ments at no cost to the Cite in consideration of the City' s j
agreement to pave and improve Certain portions of such
rights of way and easements; and
WHFPYAS, the City Council is of the opinion that {
the public interest requires such acquisition and improve-
ment and that J.t is therefore desirable that the City enter ?
into such an agreement;
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IOW, THEREFORE, it is agreed between the City
and Peck as follows :
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Section 1. Peck hereby agrees to dedicate w'i hin 1
thirty days s after the execution of this agreement b yall..
g � a
parties hereto to the CitMr of HuntirZton Beach for street
aaid road purposes easements over the followl.ng described �
Veal property:
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Those portions of Section 15 Township 5 South,
Range 11 West, San Bernardino B :e and Maridif n, ir. the
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City of Huntington Beach, County of Orange, Mate of
California, as per map recorded in Book 51 Page 13 of
Miscellaneous Maps, In the office of the County Recorder
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of said County described aL follows :
Parcel 1. Bolas Ohica, Street
The east 50.00 feet of the west 80.00 feet of
the northwest quarter (NW 1/4) of Section 16.
Excepting therefrom the south 986.63 feet and
the +.orth 40 .00 feet.
Parcel 2. Bolaa Avenue
The south 20.00 feet of the north 60.00 feet
of the north one-half (N 1/2) of above men-
tioned Section 16, Excepting therefrom the
east 30,00 feet and the west 30,00 feet.
Parcel 3. Graham Street
The east 84.00 feet of, the west 110.00 feet '
of the east one-half (r 1/2) of above mentioned
Section 16. Excepting therefrom the south
130,00 feet and the north 40.00 feet.
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Parcel 4. McFadden Avenue
The north 42.00 feet of the northeast quarter '
(.NE 1/4) of the southwest quarter ( SW 1/4) of
above mentioned Section 16.
Parcel 5. McFadden_ Avenue
The south 42.00 feet of the southeast quarter
(SF 1/4) of the northwest quarter ( IjW 1/4) of
above mentioned Section 16.
Parcel 6. McFadden Avenue
The nor-':h 40.00 feet of the southeast i
(SE 1/4) of above mentioned Section 16quarter
Excepting therefrom the east 100.0E feet.
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Parcel McFadden Avenue
The south 40.00 feet of the northeast quarter
( NE 1/4) of above mentioned Section 16,
Exceptin4; therefrom the east 60 .00 feat .
Parcel 8. Springdale Street
Beginning at the northeast corner of above
mentioned Section 16; thence south Op 4o' 25"
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east along the east line of said Section 16,
a distance of 590. 82 feet to a point; thence
south 890 191 35" west, a distance of 30.130
feet to a point, said point being on the
existing went right-of-way line of Springdale
Street, and also being the true point of
beginning,; thence south 00 Of 25" eaot along
above mentioned west right-of-ways a d.J stance
of 1600. 16 feet, more or less, to a point,
said point being 450.00 feat north, measured
at right angles, from the south line of the
northeast quarter 'NE 1 4 of above mentioned
Section 16; thence south �9° 191 35" west, a
distance of 30.00 feet, more or less, to a.
point; thence south 00 401 25" east, a distance '
of 410.00 feet, more or less, to a point; thence
west along a lines parallel with and 40.00 feet
north of, measured at right angles to the south
tine of the northeast quarter rNE 1/4) of above
mentioned Suction 16, a distance of 33.00 feet,
more or less, to a point; thence north 0° 40,
25" west, a distance: of 2010. 16 feet, more or
less, to a point, said point lying 63.00 feet f
west of the true point of beginning, measured
at right angles to the east Line of above
mentioned Section 16, said point also being
the beginning of a tangent curve of 1050.00
feet radius concave to the eoutheast; thence
northeasterly, along last mentioned curve
through an angle of 110 541 0911, 218. 12 feet
to a tangent point, saj.d point being the
beginning of a tangent curve 950.00 feet
radius concave to the northwest; thence north-
easterly, along last: mentioned cur,;- through
an angle of 110 541 09", 197. 35 feet to a
point, said point being 50.00 feet west,
measured at right angles, from the east line
of above mentioned Section 16; thence north
0" 40� 25" west, a distance of 138.34 feet,
more or less, to a point; thence east along a
line parallel with and 40.00 feet south of,
measu.Hed at right angles to the north .line of
above mentioned Section 16, a distance of
20.00 feet, more or less, to a point; thence
south 00 401 2�;" east, along a 'line parallel
with and 30 .00 feet west of, measured at right
angles , to th3 Past lwne of above mentioned
Section 16, a distance of 550. 82 feet, more or
less, to the true point of beginning.
Parc e? "A"
That parcel of land lying northwesterly of a
curve having a. radius of 30.00 feet, through
an angle of 9a" , more or less, and being tangent
to the south 11ne cf the north 60.00 feet of i
above mentioned Section 116j , and also beir.G y
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tangent to the east line of the west 80.00 feet
of above mentioned Section ( 16) ; said parcel
being bounded on the north by the south line of
above described parcel (2) , and being bounded
on the west by the east line off' above described
parcel ( 1) .
Parcel "B"
That parcel of land lying northeasterly of a
curve having a radius of 30.00 feet, through an
angle of 90 , more or less, and being timgent
to the south line of the north 60.00 feet of
above mentioned Section (2.6) , and also being
tangent to the west line of ;:he !past 84.00 feet
of the west 110.00 feet of th, northeast quarter P,
(NE 1/4) of above mentioned (10") ; said a
parcel being bounded on the port; by the south �
line of above described parcel (2) , and being �
bounded on the east by the west line of above
described paxcel (3) .
Parcel "C" q
That parcel of land lying northwesterly of a �
curve having a radius of 30.00 feet, through an j
angle of 900 , more or less, and being tangent i
;o the south line of the north 60.00 feet of r �
above mentioned Section (16) , and also being +
tangent to the east line of the west 110.00 feet
of the northeast one-quarter ( NE 1/4) of above
mentioned Section ( 16) ; said parcel being
bounded on the north by the south line of above
described parcel ( 2) , and being bounded on the
west by the east line of above described
parcel (3) .
Parcel "D"
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That parcel of land lying southwesterly of a
curve havin§ a radius of 30.00 feet, through an
angle of 90 , more or less, acid being tangent
t.o the north line of the south 40.00 feet of
the northeast quarter (NE 1/4) of above men-
tioned. Section 16, and also being tangent to
the east line of the west 110.00 feet of the
northeast 5ua.rter ( NE 1/14) of above mentioned
Section (lea) ; said parcel being bounded on the '
south by the north line of above described
parcel (7) ; and being bounded on the west by
the east line of above described parcel (3) .
Parcel
That parcel of land lying northwesterly of a
curve havinf a radius of 30.00 feet, through an
;angle of 90 , more or less, and being tangent
to the south line of the north 40.00 fees of the
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southeast quarter ( SE 1/4) of above mentioned
Section (16) , and also being tangent to the
east line of the west 110,00 feet of this
southeast quarter ( S,E 1/4) of above mentioned
Section (16) ; said parcel being bounded on the
north b the south line of above descried
parcel f6j, and being bounded on the we,'st by
Whe east ine of above described parcel (3) .
Parcel "F"
That parcel of land lying northeasterly of a
curve having a radius of 30.00 feet, through an
angle of 40 , more or leas, and being tangent
to the south line of the north 42.00 feet of
the southwest quarter (SW 1/4) of above men-
tioned Section (16) , and also being tangent to
the west line of the east 84.00 feet of the
west 110.00 feet of the southeast quarter
(SE 1/4) of above mentioned Section ( 16) ; said
parcel being bounded on the north by the south
line of above described Parcel (4) , and being
bounded on the east by the west line of above
described Parcel ( 3) .
Parcel "G"
Viat parcel of land lying southeasterly of a
curve having a radius of 30.00 feet, through an
angle of 90 , more or leas, and being tangent .�.
to the north line of the south 42.00 feet of �.
the northwest quarter (Nw 1/4) of above men-- �
tioned Saution (16) , and also bei.ng tangent to
the west line of the east 84.00 feet of the ;
west 110.00 feet, of the northeast quarter ,
(NE 1/4) of above mentioned Section ( 16) ; said
parcel being bounded on the south by the north
line of above described parcel ( 5) , and being
bounded on the east, by the .�est line of above s
described Parcel (3) .
Parcel "H"
That parcel of land lying northeasterly of a
curve havini a radius of 30.00 feet, through an
angle of 90 , more or less, and being tangent
to the south line of the north 60.co feet of
the northeast quarter (NE 1/4) of above men-
tioned Section (16) , and also being tangent to
the west line of the east 50.00 feet of the ;
northeast qquarter ( NE 1/4) of above mentioned }
Section (16) ; said Parcel being bounded on the
north b the south line of above described
Parcel f'r"-' , and being bounded on the east by
the west line of above described Parcel ( 8} .
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Parcel "I"
That parcel of land lying southeasterly of a
curve having a radius of 30.00 feet, through
an angle of 90', more or less, and being tangent
to the north line of the south 40.00 feet of the
northeast quarter ( NE 1/4) of above mentioned
Section (16) , and also being tangent to the vest
lime of the east 93, 00 feet of the northeast 's
quarter (NE 1/4) of above mentioned Section (16) ;
said parcel being bounded on the south by the
north line of above described Parcel ( 7) , and
being bounded on the east by the west lint: of
above described parcel (8) .
Those portions of the southeast quarter ( SE 1/4)
of Section Township South Rare a 11 West San Bernardino
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Base and Meridian, in the City of Huntington Beach, County
of Or,: nge, State of California, as per map recorded. in
Book 51 Page 13 of Miscellaneous Maps, in the office of the
Count* Recordev of said county described as follows : `
Parcel 9. Bo13a Avenue
The north 20.00 feet of the south 60.00 feet '
of the southeas� quarter E 1/4) of the
southeast gtc^xter (SE 1/4) of above mentioned
Section 9. Excepting therefrcm the east
30.00 feet .
Parcel 10. Springdale Street
The crest 20.00 feet of the east 50.00 feet
of the southeast quarter ( SE 1/4) of above
mentioned Section: 9. Excepting therefrom the
south 40.00 feet and the north 585. 15 feet.
Parcel "J"
That parcel of land lying southeasterly of a
curve havin§ a radius o, 30 .00 feet, through an
angle of 90 , more or less, and being tangent 1
to the north line of the south 60.00 feet of
above mentioned southeast one uarter ( SE 1/4)
of the southeast quarter (SE 0) , and also
being tangent to the west line of the east
50.00 feet of above mentioned southeast quarter
(SE 1/4 ) ; said parcel being bounded on the
south by the north line of above described
Parcel (9) , and being bounded on the east b
the west line of above described Parcel ( 10�.
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Parcel "I4"
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That parcel of land lying southwesterly of a
curve having a radius of 30.00 feet, through
an angle of 90° , more or less, and being tangent
to the north line of the south 60 00 feet of the
above mentioned southeast; quarter (SE 1/4) of
the southeast quarter (SE 1/4) , and also being
tangent to the east line of the west 40.00 feet
of the southeast quarter (SE 1/4) of the south-
east quarter (SE 1/4) of above mentioned
Section 9; said parcel being bounded on the
south by the north .1ine of above described.
Parcel (9) , and being bounded on the west by K
the east line: of the west 40.00 feet of the
southeast quarter ( SE 1/4) of the southeast 1
quarter (SE 1/4) of above mentioned Section 9.
EXCEPTING AND RESERVING UNTO THE GRANTOR, ITS SUCCESSORS AND
ASSIGNS rightp of ways and easements for the erection, estab-
lishment and continued operation, maintenance, repair, altera-
tion, -inspection and replacement of electric transmission and
distribution lines slid poles, telephone lines and poles,
together with all guys, crossarms and other attachments and `
incidental equipment, gas, water and sewer pipes, mains,
ditches, drains and conduits and any and all other utilities z
of any nature whatsoever on, under, through, along and across a
any and all of the above-described real property, provided,
however, that said uses shall not interfere with public street
purposes .
AND FURTHER EXCEPTING AND RESERVING IJ1720 THE GRANTOR, ITS
SUCCESSORS AND ASSIGNS all oil, oil rights, natural gas,
natural gas rights and any other hydrocar.bo;is by whatsoever
name i,novm, minerals.. mineral rights and any and �21 water
right, that may be within or under the property hereinabove
described; together with the right to the grantor, its
su,cessors and assigns ►;o J.nstall_ pipe lines under the
above--described property without, however, the right ever i
to drill: dig or mine through the surface of said land or
otizerwise develop the same in such a manner as to endanger
any �iighway, road or Street that may be constructed thereon.
Sectior 2. The City agrees to construct the follow-
ing improvements with respect to the following parcels :
( a) The following parcels of land are to be
graded, paved and improved, including t,,ro- foot curbs
and guttars, such wort to meet specifications impc sed
by all governmental agencies, as fellows : i
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` (t) The City will commence on or before
June 30: 1963, and diligently prosecute to
completion the improvement of BOL SA AVEME
from its intersection with Bolsa Chica Street
easterly three-quarters of a mile. Such
improvement is to consist of two 4o-foot
roadways containing four driving lanes and a
16-foot median strip .
(ii) The City will commence on or before
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June 30) 1963, and diligently prosecute to
completion the Improvement of BOLA CHICA
STREET froin 4.ts intersection with Bolsa Avenue
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southerly approximately one-quarter of a mile -
to join existing improvements. This improve-
meat is fully to improve the parcel being
dedicated by Peck pursuant to this agreement
and is to include four traffic: lanes . The
City also agrees, as traffic volume warrants., �
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to widen such street to meet the traffic need,
including curbs and gutters .
(iii) The City will commence on or before
December 31, 1964•r and diligetly- prosecute to
completion tte improvement o.' SPRINGDALE STREET
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from its intersection with Bolsa Avenue to its �.
intc:rsec:ion with McFadden Avenue (formerly
Sugar Avenue) . Such improvement shall include
the complete construction of six traffic A.anes
in accordance with standard plens for a. primary
highway.
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(b) The following parcels are to be graded and
E paved by the City, such work to meet opecificatlona
of all governmental agencies, as follows
(i) The City will continence on or before
June 30, 19631 and diligently prosecute to
completion the improvement of BOLSA AVENUE
from its intersection with Springdale Street
westerly one-quarter of a male to meet the
improvements specified in item ( a) (i) above.
This improvement is to include four 12-foot
traffic lanes and a 16-�foot median strip,
The City also agrees, as traffic volume 4
waxt rants, to widen such street to meet the
traffic need.
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(jl) The City v.-ill commence on or before
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November 30, 1963, and diligently prosecute to
completion the improvement of GR.AMIM STREET
from its intersection with Edinger. Avenue
(formerly known as Smeltzer Avenue) to its
intersection with Eclsa Avenue . Such improve-
ment shall include two 12-•foot traffic lanes
and such shoulde)t and parking strip as the i
City deem.- necessary. The City also agrees,
F as traffic volume warrants, to vriden such
street to meet the traffic need.
(iii) The t�ity will, commence on or before-
December 31, 1964, end diligently prosecute to
completion the improvement o I�c:FADDEN AVENUE f
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( formerly Sugar Avenue) L,rom Its intersection
with Springdale Street to iti i::tersection with
Bolsa Chica Street. Thin improvement shall
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inc.'.ude two 12-Foot traf.f i.c, Lez:ars and such
shoulder and park-ling strips as the Cite may
deem necessary. The City also agrees, as
traffic volume warrants, to widen such street
to meet the traffic need.
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Section 3. All of the 3.mprovemants described in
Section 2 above, and any and all future !jnprovements for
street, road or high*, wj purposes concerning any of the -�
above--described real property ( including without limitation
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the future improvements described in Section 2 ( a) (ii) and
2 ( a) ( ii i) ) shall be constructed at no coat tc Peck except :+
insofar as the City rises general tax fluids and except that
Peck agrees to pay a portion of the cost of the i aprcve-
ments described in Section 2 ( a) (i) above, said portion
not to exceed the cost of thirty-six feet of pavement
including t c-foot curbs and r•,utters . As used herein, the
term "costa to Peck" include; but is not limited to +,ie
levying by the City of any special assessr e.nt : against: any
property owned by Peck.
Sec t±on 4. The Ol , a, i,ee s to grant to Pe::k_, :I.t s
successors or assigns, at any time designated by Peck, its
successors or assigns prior to the expirc.tion of twentyr
years .from the date thl.s instrument is executed by the CJLty
the perpetual right to operate a single -track r. ai,livad
across :
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(J.) BOLSA AVENUF, between Springdale Street and
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a point ent:e3rly of Springdale Street one-quarter mile,
( ii) Mc ADDEN AVEWUE between Graham Street and
Springdale Street,
(1.:.i) McFADDFZ AVE14UE between Graham Street and
Bolas, Chj.r.a Street,
GRAHAM STREW between McFadden Avenue and
Avenue,
(v) GR.AHADI STREET between McFadden Ave!.,,,.-le and
Edinger Avenue,,
the exact location of each such crossing to be chosen by
Perk, its sixecerssors cr assigns, provided thd'%:. : �
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(a) Each su0i crossing shall he at wi approxi-
mately 90' angle to the center line of each c,ich �
streetand r
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(b) It is understood that if the Nblic Utilities
d(,rmml wi.on i e u''re.. installation of rea.cxcnab-+.e safety
Including warning oignalo but; no i; including
r an underpass ov ovei-pa.sS., sG_'.d device:, shall be
'.nst,al ed at no c;osz to the City.
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INI i• ITI'V33 irTHFib10I', ';-ie partl s hereto have exe-
ct�(:cct till") a�;11eer�eni; {;,t"iic3 f`i�r� � r�,:i�r c'r ��I3ri.l, 196;1 .
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STATE OF CALIF'ORNL
�
COUNTY OF Loa ANGELES SS.
On April before me, the undersigned,
a Notary Public in and for said County and State, personally
t appeared DOROTHY T. PECK, also known as DOROTHY THAYER FECK,
also know?: as DOROTHY T. PECK FLYNN, know, to me to be the
person whose name is subscribed to the within instrument,
and acknowledged that she executed `:he same.
WITNESS my hand and official seal ,
o ary Pjblic i n and CAr_s t.
County and State KATHRYN E. 11AGFRTY
3 EAL]
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My commisLion expires : ►� .'r _ -
STATE OF CALIFORNIA
SS.
COUWPY OF LOS ANGELES
i
On April. , 1963, before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared DOROTHY T. PECK, also known as DOROTHY THAYER PECI:; `
also kno rm as DOROTHY T. PECK FLYNN, known to me to be the
person whose n amp is subscribed to the within instrument as x
Trustee of the Trust under the Will of Aldrich R. Peck,
deceased, and acknowledged that she e}.ecuLled the some.
WITNESS my hand and official seal .
IT
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o c'3�"'y -IF-11 aTl . 3qd
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County and St at - KhTHRYii F.. NAGERYY
SFAS,a
by courission expires :
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STATE OF CALIFOPMA
S3.
COi1NTY OF LOS ANGELaES
t
On April � ,r, 1963, before me, the undersigned,
a ;Votary Public in and for said County and State, personall--
agpeared MARVIN %V. .DR.9W , known to me to be the
VIMPRESIDENT , and A. BRITTAI N _ ,
i
known to me to be the AFf'��,� gt rr,t-. of TITLE �
IMSURANCE AND TRUST COMPANY, the corporation that executed
the within instrument as one of the co-trustees of the trust
under written declaration thereof by Carrft a A. Peck elated
December 18, 1936, and known to me to be the persona who
e_:ecuted said instrument on behalf of said corporation, and
acknowledged to me that said corporation executed said 3
..nt3trument• as such co-trustee pursuant to its by-laws oi�
rA
• resolution of its board of directors .
WITNESS my hand and official seal.
County and State t- , ry- Dodson
My commission expires :
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CITY OF HU NnNGTON BEACH
ENGINEERING DEPARTMENT
cf
Huntinston Beach, California
April 29m 196 .
Honorable Mayor
s
and City Council
City of Huntington Beach
Huntington Beach, Calif. ! .�
Att : Doyle Miller �
City Administrator
I
Subject: : Peck Estates f
Gentl.ar+en :
Tran:imitted herewith. is an agreement between Peck and the
City. It is requested that your Honorable Body approve
a::d direct the mayor and Clerk to execute it.
Your attar'-ion is directed to Section 2, commencing on
Page H, wherein we agree to do certain erork.
t
2 (a) 0.) & (ii ) and 2 (b) (i ) aro items of work
we previously agreed to perfcom. Plans and apecifi-
cations are in progress. The project will be
funded with Tas Tax, Count]. pRrticipation , Douglas
and Pact: participation.
2 (a) (iii ) ie agreeable because we have had to taks
from Peck, because of the *Flood Contrrcl ahe.nnel, an
additional area of land for street purpocen which is
worth (1963 value ) $25: OOC1.
2 (b) (I...) is a 6treet o7.,,ening which we will tvnd
with Gas Tax. Plana and specifications will be
presented to you in July or August. Opening this
street; will provide an add3.ticnal route to and from
r the Douglas site and is of immediate nerd.
2 (b ) (iii ) is the opening of McFadden (Sugar)
Avenue from Springdale to Bolsa Chir;a. This will be
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