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HomeMy WebLinkAbout0533 .;I- i , I i i r i f , ~ , z : of o ~ ~ z w <( - a:. U...J :) 0 Ir '" >- W - :J <l J ..J I- I/) J <t (j) > ; u w w . ~ z z ~ . > zoo >- . z>- z ::J < 0 o ~ \ \ \ \ ., ~. ~ . ""'IIl!!l""" . , : 1- \ .-:-. RESOLUTION NO. ~" . I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA CONFIRMING THE TEID4S AND CONDITIONS OF PROPOSED SALE OF A CERTAIN EASEMENT FOR ROAD PURPOSES OVER CERTAIN REAL PROPERTY BELONGING TO THE ESTATE OF CLARA BALDWIN STOCKER, DECEASED. THE CITY COUNCIL OF THE CITY OF ARCADIA DO RESOLVE AS 2 3 4 FOLLOWS: 5 WHEREAS, the public interest and convenience require, 6 i and said City 'CoWlcil of the City of Arcadia. desire to secUl'e, an I Easement for public road and highway purposes, over that certain i I tract of land belonging to the estate cf said Clara Baldwin Stock-! 7 8 9 er, deceased, situate in the CoWlty of Los Angeles, State of Cal- 10 ifornia, described as follows: 11 Easement for public road and highway purposes in the following described real property situate in the County of Los 12 Angeles, St~te of California, particularly described as follows: 13 14 15 IS 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PARCEL NO.1: Undivided one-half interest in and to that certain piece or parcel of land described as: Beginning ~t the Northwest corner of Lot 2, Tract 9~9, in the City of Arcadia, CoWlty of Los Angeles, State of California, as per Map recorded : in Book 17, Page 13 of Maps, Records of said COWlty; thence South- erly along the Westerly line of said Lot a distance of 67.68 feet; thence East 85.29 feet more or less, to the Northeasterly line of said Lot; thence North 510, 341 West along the Northea.sterly line of said Lot a distance of 108.88 feet to the point of be- ginning. PARCEL NO.2: Beginning at a point in the East line of Lot 6, Tract No. 948, in the City of Arcadia, County of Los An- geles, State of California, as per Map recorded in Book 17, Page 21 of Maps, Records of said County, said point being 307.79 feet North from the Southeasterly corner of said Lot 6; thence West 387.87 feet, more or less, to the Southerly line of said Lot; thence North 510, 3~' West and along the Southerly line of said Lot, a distance of 128.70 feet; thence East 488.68 feet,more or less, to the Easterly line of said Lot; thence South and along the Easterly line of said Lot a distance of 80.00 feet to the pla.ce of beginning, uncier all the terms and conditions set forth i in that certs.in Petition to be fileci in the Superior Court of the I State of California, in and for the County of Los Angeles, by Albert E. Snyder and Rosebudd Doble Mullender, as Executors of the estate of said Clara Baldwin Stocker,deceased, for confirma- of sa.le of said Easement over and across said real property, at private sale, a copy of which Petition is hereunto annexed, Exhibi t "AIl and made a part hereof) and , marked I I WHEREAS, the terms and conditions of the proposed sale -1- ." ,,---- . J. -' 1 2 3 4 5 6 7 8 9 10 11 12 13 0 Z o , 14 o ~ 3 Z W <t - ll:: O.J :J 0 Ir 'c 15 f- " - :> <t .J ...J f-IJ) .J<t lI) > ; u 16 W" " ~ z z::' . > Z 0 0 f- . 17 Zf- z :0' 0 0 > 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 . . " . .. '----- .,. I . . J . I \ :......-- of sa.id Easement, as set forth and contained in said Petition are satisfactory to said City Council of the City of Arcadia. NOW THEREFORE BE IT RESOLVED, That said City Council confirm, ratify and approve the terms and conditions of the pro- posed sale of said Easement to said City of Arcadia as set forth and contained in said Petition; that all of said terms and con- ditions shall be contained in the Deed of said Easement to be executed by said Executors to said City of Arcadia., and that said I City of Arcadia accept said Deed containing the reversion and all I of the terms and conditions set forth in said Petition. The City Clerk shall certify to "the adoption of this Resolution. The foregoing Resolution was adopted at a regular meet- I I ing of the City Council of the City of Arcadia., held on the 2nd. day of January, 1930, by the affirmative vote of at least three Councilmen, to-wit: AYES: Councilmen: Bolz, Granville , Multer, Schermerhorn I ! and Walshe, NOES: None, and signed and approved this 2nd. day of January, 1930. ?/- ?; ~-- / Mayor ATTEST: /e!;'/y 771~ -" City Cterk. 10 ../ 1 2 3 4 5 6 7 8 9 10 11 12 13 ; 14 ~ ~ ~ J "< ~ <ll ~..: ~ ~ 15 ~ 8 ';'. (1; . <:5 ~ ':It;<zfi: ~ ~ ; t: 16 .. 7, e~ ,):::::.( , 0 -1 t~ 11 17 ~.,: 0 ,. . . 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 .. " \ ,~/~ .. 'l~ " ," IN TIm SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE cotmTlZ' OF LOS ANGELES In the Matter of the Estate of ) ) NO. 102030 Q IABA BALD\JIN STOCKER ) ) PETITION FOR CONFIRUATION OF Deceased. ) SALE OF REAL PROPERTY AIID EASE- l rmrr 01 ER AND ACROSS REAL PRO- ) PERTY, AT PFlIV ATE SALE. ) TO THE HONORABLE THE JUDGES OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES I The petition of ALBERT E. SNXDER and ROSEBUDD DOBLE troL- LENI>ER, ao executor e of the Estate of Olarll Baldwin Stocker, de- ceased. respectfully Shows: That said Olare. Baldwin stockel' died on the 27th day of February, 1929, Inthe Oounty of Los Angeles, state of CaliforniaJ that at the time of her death she was a resident of said Oounty, left therein an estate consisting of real and personal property. The.t theroafter, on the 25th day of March, 1929, this Cour by an order duly lIltldo and enter"d appointed your petitioners. tho said Albert E. Snyder and Roeebudd Doble lhl11endor, oxecutors of tho said Estato; that thereafter they duly qualified ae such execu- tora, and were duly granted letters testamentaryJ and that they ev- er since have been and now are the duly appointed, qualified. and acting executoro of soid Estate. That thereafter your petitionerG caused to be published due and 1080.1 notice to the creditoro of said deceased. That the value of tho real and personal property 0 said Estato, as shown by the inventory and appraisement now on file is upwards of Fourteen Million Dollars (014,000,000.00); tbat said Estate 1s indebtod very little, it at all, excopt one alleged debt whioh is in dispute, and which is amply eocured by a mortGage upon one parcel of' said rOll1 estate. -1- / ... 4 '5 6 7 8 9 10 11 12 13 " 14 :::~~..: ~<3~ ;;... ~ . 15 :f-::t1. . < Ii" "~7.~ 1I fIl ~ c 16 :-" Z 0 r. )~:c< ;0; '.... 0 ~ ~ ~~. 17 ~. . . 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 i - " ,r .. ~ ... "-.. L " 1 That the names and residenoes of the heire, legatees, ond ~ 2 devisees of said decedent, so tar BS known to the executors, are as 3 follows I Albert E. Snyder 546 Rowan BuildinG, Los Angelas, Oal. Rosebudd Doble Mullender 546 Rowan Building, Los Angelos, 0111. May- Uur1'1 2312-1/2 Juliat St. Los Angelos, Col. Urn. Helen Patterson 6S1? Estrella St. Loe Angeles. Cal. Mrs.. Edith E. Skeen 1620 Morton Ave. Los Angeles, Col. Mrs. Gordon Johnson 485 Kensington Dr. Pasndena. Oal. Mrs. Paula Bush 1204 W. 31st sti. Los Angeles. Oal. Mre. Bertha Wilson 341 So. Rampart Loe Angeles, Oal. t.ira. fJary Boatty 909 Ocean Front Venice, Cal. Madison Hlll 909 Ocean Front Venice. Oal. Robert J. Madden 1458 Oalumet Ave. Los Anaeles, Cal. Children's'Hospital 4614 Sunset Blvd. LosAngoles, Od. The Kiddie Koop Home 840N. Avenue 66 Los Angelos, Cal. The Cothero' Clinic 130 S. Broadway- Los Angeles, Cal. The Los Angelee Orthopaedic 2400 So. Flower St. Angeles, Cal. Foundation Los The .Los Angelos Lring-In 1?39 Morton Ave. Angeles, Cal. Hospital. Los Brother Liddeooat r s Midnight ' 936 S. Los Angeles, Cal. passion Loe Angelos, The Convent of the Good Shepherd 1312 Arlington Los Angelos, Csl. The Los Angeles Orphan 917 South Boy-le Csl. A911um, Loa Angeles, The Regina Cooll Orphan 6101'10. Hill'St. LOa Angeles, Cal. Asylum The St. Vinoen t 's Ma terni ty- Home 1044 No. ~ariposa Los Angeles. Cal. The Venice Salvation Army 810 Crestmore Pl. Venice, Cal. The \1.C.T.U. Home for Women Inc. (formerly- Southern Oal- ifornia Home for Women) ,2123 Santa Ynez St. Los Angeles, Cal. Burequ of Vocational Service 436 So. Spring St. Los Angelos, Cal. Joseph Uullender, Trustee 546 Rowan Bldg. Los Angeles, Cal. Th4t there is a oertain traot of land belonging to said Es- tate, snd situate in the County- of Los Angelos. State of California, described as follows: Easement for publio road and highw81 purposes in the tollow- ing described real property- situato in the County- of Los an- geles, state of ,California. partioularly- deooribed as follows: PARCEL no. 11 Undivided one-hall' interGot in Qnd to that certaIn pIece or paroel of land deaoribed as: Beginning at the northweot corner of Lot 2, Tract 949, in the City of Ar- clldia, County of Los Angeles. State of California, aa per Uap rocorded in Book 17, Page 13 of Maps. Recorda of said Oounty-; thence Southerly along the ~estorly- line of oo1d Lot a die- tance of 6?68 feet; thence aaet 85.29 feet ~ore or lego, to the northeasterly- line of said Lot; thence north 51 34' west along the northeasterly line of said Lot n dietance of 108.88 feet to the point of beginning. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 , 14 :J~ .; \< ~ :;;.. ~ r- if. 15 , < " '. . " 0" 0 16 ..>i " ). n < . 17 0 ~< . , 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 , '\ ~ '-. -:-",l - PARCEL NO. Sh Beginning at a point in the aaet line of Lot 6, '.l'ract lio. 948, in the 01t7 of Arcadia, Count,. of Los Angelos, State of California, as per map recorded in Book 1'1, Page 21 of Uaps, Reoords of said 00unt7; said point be~ 307.79 feet north from the southeasterly cor- ner of add Lot SJ thence west 387.87 feet, more or less, to the southerly line of said Lot; thence north 510 34' west and along the southerly line of sdd Lot, a distnnce of 128.70 feet; thenoe east 488.68 fect, more or loss, to the easterly line of said lot; thence south and along the easterly line of add Lot a distance of 80.00 feet to the plaoe of beginning. That on th~ 21st day of October, 1929, your petitioner cause to be posted in three of the most public places in the County of Los , Angeles, to-wit~ one of said notices in the County Blerk's office, on , . at the County Reoorder's office, and one at the place where the said SUflElrior Court is held in the Oit,. of' Los Angelee, County of Los An- geles, the oounty in Which is situate the land described hereinabove, 0. copy of' which notice is on file among the records and pape"B of the cauee above-entitled, and made a part hereof by this referonce. That your petitioners also caused a copy of eaid Notice to be published in the Los Angeles DI111y Journal, a newspaper printed and published daily, Sundays exoepted, in said Oount,. of Los Angeles, on and from the 21st day of october, 1929, to and including tho 6th dllY of November, 1929, (except October'27, 1929 and November 3, 1929, ea1d days being Sunday), in \vhich notice the easement to be e01d Was described with common certl11nt,., all of which will appear from the af fidav1t or publication on rile herein and made a part hereof by ref- er~nce. That at the time and place of holding said sale, to-uit, on or aftar the 6th dtn of November, 1929, at the law office of Francis J. Heney, Esq., 640 Rowan Building, 458 South Spring Street, in the City of Los Angelee, County of Los Angeles, Stato of California, your petitioners caused to be sold, adjudging it to be the most beneficial to said Estllte, at private oa10 to tho highest bidder, for the con- sideration haroinafter shown and subject to confirmation by this Court, the easemont hGrelnabove desoribed. -3- ... ,. - "- ... ~ '- y ,.. ~, o. j ,. .. ~ ~~,,~ z<~< ~":J~ ~fo G" 15 ..:<=~ .:.- z ~ ClJf:1;~ 16 '-\ 7. 0 Z .. 0=:::< ZCO 4~~ 17 0::< oJ ~ 1 That at the said sale, the CITY OF ARCADIA, a I:lWllolpal 001'- 2 porlltion, became the purchaser of sdd easement for the consideration 3 hereinafter Bet forth, sald consideration being tho highest and best 4 bid received therefor, vi., 5 In ,consideration for a deed, granting to tho City of Arcadia, 6 a munioipal corporation, an eaoemant for road purpOIlOS over and upon 7 tho real property hereinabove desoribed, the said Oity of Aroadia, by 8 resolution of the City Counoil, to agree, and sald aeed to spaoitioal- 9 ly provide by w~ of appropriate provisions thllt said eaoemont shllll 10 revert to the grantors, their suocessor" and to the heirs, legatees, l.l and devisees of Olara Baldwin Stocker, deceaaod, in tho event of a 12 breaoh thereof, thllt no assessment of any kind, charaoter or descrip- 13 tion shall be assessed or levied for any of the purposes herd nafter 14 recited, for a period of five years from the date of said dead, agains the real property belonging to the Estate above-entitled contiguous to the portion covered by eaid ollBoment and particularly deocribed as Lot 2 of 'l':roaot 949 as recorded in Book 1, Page 97 of Patents, and 18 Book 17, Base 13 of Maps J Lot 6, 'l':roact 948 as recorded in Book 1, 19 Page 97 of Patents, and Book 17, Page 21 of Maps, reoords of Los An- geles County, California, and said property shall not for said pe- riod of five years be included or embraced in any assessment district formed for the purpose ot being assessed, 20 21 22 23 [a] For the cost of the installation and/or maintonanoe of any pavement upon the property described in eaid deed; or for the oost of the installation upon the property described in said deed, or maintenance thoroon, of any storm dflo.1ns, curbs, sidewalks, sower ml11n pipes or laterals, water main pipee or laterals, cas main pipes or laterals, and/or electric oonduits, polee, or ornamental light posts; or for the coet of the aoquisition and/or improvement or paving and/or maintenance of any improvement or pav- ing of orange Avenue in the eHy of Arcadia, ae pres- ently constructed, and/or any widening and/or exten- sion thereot, ~or widening of any extenoion theroof; or 24 25 ~b] 26 27 28 29 30 31 32 [0] -4- .... f; 01~ ,.; 14 Z < ~ <III 01" j~ 15 ::E-i6!1: ..( Ql ~ ~:":..~ rJJ ~;~ ',L6 .... Z 07- QIX'" . zo.' ~~~Il! ""~o:::O :=:: < ..l '" I ~ " , t .. ~ '-.. ~ " ~ A , 1 2 [4) for the cost of the acquisition and/or improveraGnt or paving, and/or l!1111ntenance of any croso1ng \1hieh may be acquired end/Ol' constructed within s'lid poriod of five years on Ol'ange Avenue, in the City of Arcadia, under the tracks of the Santa Fe Railway Company; or for the cost of the acquisition and/or improvoClent 01' paving and/ot' maintenance of any improvement or PllV1n8 of any widening and/or extenaion of the road tho oaoe- mont tor which is granted by eo.id deed, and/or t71den- Ing of any extension thereof. , That sdd deed 18 to tu1'ther provide tha.t sdd right of re- is not In lieu of any right of the grantors for damagao be- 3 4 [ 0) 5 6 7 8 9 version causa of, or other relief for, from, or because of any breach of Bllid 10 conditione, but is cumulaUve and in addition to any rift"t or OllUS8 0" 'I 1.1 of aotion, in law or in equity, that said grantors II1IlY have because 12 of any suoh breach. That the real property covered by the easemont for road pur- to be l3I'anted to the City of Arcadia conto:1ns approximately o.Bd 13 poses of an aore; that the roal property heroinabove described under Parcel . 1 is a portion of a larger traot of la~ in \'1hich the Eetate has an 17 undivided one-halt interost, Which larger tract of1wnd contains ten 18 acres, the Estate's Interant in which has been inventoried end np- 19 praised in the sum of 025,000.00, or 05,000.00 per aore; that the real 20 property hereinabove described in Parcel 2 ie a portion of 8 larger 21 tract of land belonging to said Estate oontaining 36.8 aores, ond whie 22 has beon inventoried and appraised in the sum of 05,119.00 per acre; 23 that the proportionate appraisement of o.id 0.90 of an aoro, oovered 24 by oalc! essement for road purposes to be granted to the Oi ty of Ar- cadia 10 (\3,643.84, that by said resolution said property of add Es- 25 26 27 tato, contiguous to the property covering which 08id easement is to be granted, will be relieved of aeseeemente oonservatively figured by 28 your petitioners at the sum of 64,471.00. 29 That said sale'WQs logally made and fairly conducted. That your petit10nere beHeve that the sum \\hich will he saved to the Estate by reason of being relieved of said assessment is not disproportionate to the value of the eaoement to be granted 30 31 32 -5- .... I. " I ") - ~, "- ..., j ~ ~-~ 1 to the City of Arcadia, being in oxcess of the proportionate aPtr alse 2 value of tho fee thereof; your petitioners believe that 3 be lldvantQgeouB and to the best intereets of tho Eotate and the heirs, 4 logntees, llnd deviseol!l of said decedent; that your petit1ono"s believe 5 thnt it \1Ould be more advantageous and to the best interests of said 6 Estate, and to the heirs, legatees and devisees of said deoedent to 7 grant eaid easement for road purposes to the City of Arcadia upon the 8 conditione hereinabove set forth than to compel the City of Arcadia t 9 resort to Condemnation proceedinge 1n order to obtain the property up 10 on which said easement for road purposos io BOught; that your petitio 11 ers believe that said aa1e would be advantae;eous and to the best in- 12 teres l:s of the Estato, and to the heirs, legatees and devieees of sa.i 13 decedent, for the further reason that the improvement of the property ;.; ;,)~ ," 14 covered by odd easement for> road purposes tl'Ould greatly benefit the z<~< r.;:";QO ~~~~ 15 said property of said Estate contiguous thoroto. "":I; 1'. ~ r./)fi;"'~ 5~H 16 That your petitioners believe that n sum exoeeding tho nmoun zo"< ...~;. 17 ~<'3 of the assessment of which said Estate would be relieved by at losst ;:., 18 10%, oxclusive of the oxpense of Q n6\7 Bole, cannot be had. 19 \"IHEREFORE, your petitioners pray that thia lIonornbla Court 20 make an order oonfirming aaid sale end directing the execution by said 21 Albert E. Snyder and Rossbudd Doble JJul 1 onder , Q B Exeoutors of thoEs- tate of Clara Baldwin StoOkeI', deceased, of a deed gt'onting to the C1 ty of Aroadia, a Municipal corporation, an easement for publio road a highway purposeD in the property first hereinabove particularly des- oribed,sllid deed to oobtaln the oonditions and provisions hereinabove set forth; that such other and further or>der me.y be mcde by th1e Hon- orllble Court as is meet and pr>oper in the premiees 0erf ~ 22 23 24 25 26 27 28 29 30 31 FRANCIS J, HENEY Attorney ror Petitioners. 32 R. H. CROSS E. K. TAYLOR Of Counsel. -6- .. < I. - \ I .. 'I ,.J..-, - '''-- , 1 STATE OF CALIFORNIA 2 Oounty of Los Angeles 3 ) ( 8S ) 4 Albert E. Snyder and ROllebudd Doble Uullondei', being by me 5 first duly 8\70rn, depose and sayl that they are the Executors of the 6 Estate of Clara Baldwin StOCker, deoeased, and as suoh, the Petition- 7 ere in tho above-entitled MUon; that they have read the foregoing 8 Potition, and know the contento thereof; and that the some is true of 9 their o~ knowledge, except as to the matters which are theroin stated 10 upon their 1ntol'llUlt1on or belief, nnd e,e to those mattors, that they 11 bolieve it to bo true. 12 13 ALBERT E. SNYDER '", ~~:)J: 14 z<~~ ~..:~ :;lEo ~a: 15 <"II;: I~~:~ i/i" i~ 16 -d~ ~" O~:l:;.( Z9t;) <E::!~ 17 0::<"..1 [:.; ROSEBUDD OOBT..n tlut..L.-rmDER Subscribed and sworn to before me this 2nc:L. day ot JlU1Uary, 1930 18 19 20 FLORENOE L. HcOm!' Uotnry Public in and 1'01" the COlmty of Loe Angelell, state of Oalifornia. 21 22 23 (@) 24 25 26 27 28 29 30 31 32 -7-