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-