Loading...
HomeMy WebLinkAboutD-0393 ~. " ~1 t, ',,- r RESOLU~IQN NO. 1234. A IlliSvLUTlON l.n, 'fliG CI'l'Y CO,)WJIL 01-' 'l'llli CD.'Y Ul' AHCrtDIA AC,:EPTINC :},L\NT ')mm C,,::VLYIIl'; CE;\_'X;:lI :;!.:"fJ r:i0? RTY TO 'l'lill C ITf UP 1..RCADIA FOB STRE:~'r A ','D Hle!T ,ilY PUR";~ES, AnD A,;,;EPTING Rrm'.AiCE OF MOfiTGi,LlE OJ.! SAI!) !\ ~"r, F;{,jf'.HTY. 'l'lIE CITY CU i}tlC IL)j7 l'HE CITY 01' ,'\.'(C .\Dlit DO, ~; ,m::OL'jE AS :' ULLO':IS: SECTION 1. That the City of Arcadia accept from the Atchison, Topeka and Santa Fe Railway Company, a cur-po :.tion. :;rant deedlflted June 11, 1940, ~'ln\'oyin:.i certaIn ~oal prOp'.lrt:! to the City of ;,rca,lia for streot and hi,~Ray purposes, bein: a pnrtion of Lots 12 and 13, Block 78. Arcadia. as per map thereof in Book 15, 1'" :es.S:J-GO, 'Hscellaneous Hecords of Los An"eles C01mty, sair'l proper~ '-'elnG rno,"e particularly described in the sai1. grant deed attached horeto. -' .. City of A~dlU !l0Cept from the Central " a 1'Ie\, York t;~,'ora~ion. re10ase of ~ mortgaGe dated July 3, 1940, releasin~ the suld ~cal p~opcrty deEcribed .-- SECTION 2. That ,tue C 0'11 r!.ny . l-lanovor Bank an,! 'l'rust in Section 1 hereof frolll liens of general Hl0:'t ;ac;e dated Decemher 12. 1896. exec'.lted by the Atchison. Topeka and Santa 1'e l\,.ilw,"y Couparry. SECTIOll 3. The City Clerk shall certify to the aduption of this Resolution. I heJ'l'by certify that the forer;uin,~; Rosollltion vms 'lrJopted at a r,'" '''_:_1 ~:.:-' meeting Of' the City Co,mcil 0" t'10 C',t;r of Arcadia, held on the ~du'r of :Lrcl1. 19,13. by the roffimative vote 0:" at leust three COurlcilnen, to-wit: AYEi,: C01.Ulcilmcn, l\-l....,,~Jt', ,T('n.'" Lre.....I-r" ' ' P'!1~ 8rtcl. O'l"":'";,lr,~,y N j-:!~S: " .l'l:"'nn AB~:.;.I,rf}l : Ilone /~~~ SiGned aJ'kl approved (;,,18 ~day 0-' i,1 .rc:1, 1~143. '1n ,,# (1)~ Mayor }- ^">~~ , ~r--,-.~\_ '. ,. . ~--:-. .~ ".~ ---=-- --..... "'- , ,.'- _'. """(r\ .... ". <-- ---=--::.....:.-,....~~.......!~~4_ "::r:r~~ ,.... - " -,Jr-----......~~ .~-..;;;::::;-- ~ --'...::-.:..;:::-...,~ .."" :;;, " . \ '~.. Ii DEE D from THE ATCHISON, TOPEKA fu1D SANTA FE RAILWAY COMPANY to CITY OF ARCADIA Covering certain real property situated in the City of Arcadia, County of Los Angeles, State of California. Dated ~ //;;e( ,1940. o , . . \, - -. \." . . .' , " .f \. ..,. :; .. t '\ .. ;. ~.. ~ ." - , , 'I .{ INDENTURE, Made thi s / / d day of ~ (/ TOPEKA AND SANTA FE RAILWAY , 1940, between THE ATCHISON, COMPANY, a Klir1sas corporation, hereinafter called Railway Company, first party, and CITY OF ARCADIA, a California municipal corporation, hereinafter called City, second party, VlITNESSETH: That the Railway Complir1Y, for Iir1d in consideration of the conveYlir1ce to it by the City by grlir1t deed dated the ~t~ day of ~ ' 1940, Iir1d delivered concurrently with the delivery of these presents, of all that certain real property situated in the City of Arcadia, County of Los Angeles, State of California, described as follows: A parcel of llir1d situate in said City of Arcadia, being all of that portion of Block 58 of the Slir1ta Anita Tract, as per map recorded in Book 34, pages 41 and 42, Miscelllir1eous Records of said County, lying between the southwesterly line of the 50 foot right of way of The Atchison, Topeka and Santa Fe Railway Complir1Y, as described in deed dated May 2, 1890, recorded in Book 661, page 198 of Deeds, records of said County, and a line normally dis- tant 25 feet southwesterly therefrom and parallel therewith. Subject to the rights of the pub~ic in the southerly 20 feet of Huntington Drive, 100 feet in width, as now established. Said parcel contains Iir1 area of 0.257 of an acre, more or less, exclusive of said 20 feet in Huntington Drive. ALSO All of the q i t Y , 6 right, title Iir1d interest in and to that portion of the westerly half of Third Avenue Iir1d of the southerly half of Huntington Drive ( formerly Falling Leaf Avenue) as per said Map of Santa Anita Tract, lying northeasterly of the southeastern Iir1d northwestern prolonga- tions respectively of the southwesterly line of said parcel. TOGETHER WITH Iir1 easement over Iir1d across that portion of 1. . , " , II ~ '.. . . . ~ . T '\.. ... f \ t ... . ; 1 -- ,. _ t' . ' '. .:. said Block 58 of the Santa Anita Tract described as follows: That portion of said Block 58 of the Santa Anita Tract and s aid westerly half of Third Avenue and southerly half of Huntington Drive, included within a strip of land 20 feet wide, the northeasterly line of said strip of land being the southwesterly line of the parcel of land herein- above described for the construction and maintenance thereon of a temporary shoofly track pending the construction of an earth fill for elevating the tracks of the Railway Company in order to separate the grade of said tracks and Huntington Drive (state Road VII-LA-161-Ada); provided, however, that said easement and the rights acquired thereunder shall cease and determine upon the completion of said fill and the opera- tion of regular train service thereon and in any event said easement and all rights acquired thereunder shall cease and determine on July 31, 1941. does by these presents grant, bargain, sell and convey unto the City, its successors and assigns, forever, a parcel 01 land Situate) in the City of Arcadia, County of Los Arlgeles, State~f California, being the east 10 feet of Lot 12 and the east 10 feet of the south 40 feet of Lot 13, Block 78, Arcadia, according to map thereof in Book 15, pages 89 and 90, Miscellaneous Records of said Los Angeles County; containing an area of 1230 square feet, more or less. The Railway Company hereby covenants and declares, in accord- ance with the Public Utilities Act of the state of California, that the property hereby conveyed is not necessary or useful in the per- formance of its duties ~o the public, and is not needed for or used in the conduct of its business. TO HAVE AND TO HOLD the hereinabove described and conveyed property unto the City, its successors and assigns, forever. 2. -, ., \' . ~- "" . " ". -; ..~ ; ~ .~.. ...... ;~ " .. i l' .(' IN WITNESS WHEREOF, the Railway Company has duly executed thi~ indenture the day and year first above written. THE ATCHISON, TO EKA AND SANTA F'E / RAILWAY V BY President. ITS AmST'~~/ rTS Assistant Secretary. STATE OF'~ ~ ) ) SS ) COUNTY OF a Notary On this )) M day of ~A.1~ in the year one thousand (/ Ii jil1 / hundred and forty, before me, ~.-0 (l\, ~u,,~ said County of I ~ , personally appeared ;;::.~. ~d-.--- // j President of the c6rporat[on that Public in and for ~~ nine State of known to me to be the executed the within and foregoing instrument, and known to me to be one of the persons who executed the said instrument on behalf of the corporation therein named, and acknowledged to me that such corpora- tion executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in said County the day and year in this certificate ~~,~~/ Notar;v;, Publ in and or ::W-*9- County , of ~C- State of ~ first above written. (SEAL) ." . , . ... ~ . .. " '. .; .,t ~ ~ .... ~ c j , , . f -t' STATE OF~:zI'''''''''' - q~l SS COUNTY OF~ !~~ On this / .3~ay of ~ in the year one thou- sand nine hundred and forty, before me, S. A. FORRESTER a Notary Pttblic in and for said County of 4"'-?>>-<-lI'eP'D 4- ~ State of ~ SP.':i&A--- ..- __, personally appeared g...,~ b a.-~ , known to me to be the a....L -c -~c...z::- Secretary of the corpora- tion that executed the within and foregoing instrument, and known to me to be one of the persons who executed the said instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. IN WrTN~SS iVHEREOF I have hereunto set my hand and affixed my official seal in said County the day and year in this certificate first above written. ~ N6~ Public in and for said County of ~.~~ State of ___4a~H~~ (SEAL) 4. --------:::c-.~~... . . "i.. \, .' , .~-, -. .. . , '-. .~ } j-.. , . ~ , J" 'A Form 2058 Standard Approved by General Solicitor. ~ 'fwo P,.tl.~P~ .I Hall 8 3~'n7 \ g RELEASE OF MORTGAGE TRUSTEE lfnbenture of l\tlea~e, dated,mh~.(h"~mhmhh:,m_'_'_'h19..Jj,.o.made by CENTRAL HANOVER BAN K AND TRUST COMPANY. 'a corporntio~'~;;:;_~f New York (hereinafter referred to"" the Trustee), party of the first part, .ndh_mgJ'):'x..mQ_EhhARg_iWJ,A->-hhghhgh~Jh:!:.r9.!'.I1,t,!!'ml!!,~J_<eJPh!?:JhhS;g!:pg:r:,?:~.t.<?J:1,Lhhhhmh'hhh'hm (hereinafter, whether one or more persons or corporations referred to as the Grantee), party of the second partj WHEREAS, The AtchilJOn, Topeka nnd Santa Fe Railway Company (hereinafter called the "Atchison Company"), by deed do.ted........m.....m......_.................... m.........m................ll).n.~.m..~.~.~b:m:mmm..mm..m.m......_.mmm_____mm' 19....4.0, conveyed to said Grant.co certain property hereinafter describod, aDd . WHEREAS, the Union Trust Company of New York wo.s heretofore and up to the 18th day of June, lQ18, Trustee under II. certain mortgage or deed of trust., bereinafter called tbe Gcneral Mortgll.&C. tinted December 12th, 1895, IUccut<<.! by the AtA:!hillOD Company to mid Union Trust Company of New York, as Trustee. and duly recorded; and WHEREAS, the Central Trust Compnny of New York was heretofore and up to the 18th day of June, 1918, Trustoe under a certain mortgage or deed of trust, hereinafter flll.llOO the Adjustment Mortgage, dated December 12th, 1895, executed hy the Atchi~n Company to mid Central Trust Company of New York, as Trwrtee, and duly recorded; and , , WHEREAS, l)n or p.bout the 18th day of JUlie, 1018, so.id Union Tru~t Company of New York, pursuant to proceeding8 duly and regulat-ly taken in aOlloroance with the )o.W8 of the State of New York in such C8.8ll made and provided, was duly mer~od into 8lI.id Central Trust Company of New York, wliich by Ilnd under the name of Central Union Trust Company of New York thereupon and thereby became duly and lawfully vested with all the right", privileges, franchises, property, powers, trust", relations and oblia:ationa of said Union Trust Company of New York, incfuding all rights, privilegC3. franC'hisee, property, powers, t.rust.e, relations and obliltation.'cl of so.itl Union Trust Company of New York. as Trustee under so.id General Mortgage dated December 12th, 1895, uecutoo by the AtchlsoD Company to so.id Union Truit Company of New York, as Tru~tee; and WHEREAS, on or about the 15th day of May, 1020, said Central Union Trust Company of New York, pursuant to proceedings duly and reJ[Ularly taken in lll'cordo.nC'e with the laws of the State of New York, merRed into itself The Hanover Bank of the City of New York, a New York corporation, and I'rimultD.neou8ly chanRfld itl! name to Central IIanover Bank and l'CU!lt Company, and ooid Central Hanover Bank and Trust Company since the 15th day of May, 1929, has been and now is Trustce under both enid Genr-rel Mortltalte datod December 12th, 1895, executed by said Atchison Company to eaid Union Trust Company of New York, no Trustee. and under enid Adjustment Mortgl1KQ dated December 12th, 1895, executed by said Atchison Compnny to said Central Trust Company of New York, M Trustee; and -- WHEREAEi, II. release from $lI.itl mortgage!! or deedll of trust is necessary in order to vest in the Grantee an unincumbered title to the property dcsuibed in and conveyed by Mid deed, and hereinnfter described, and the Atchison Company has furnished to said Trustee a written request of the At.chison Company in lIoccord.- anco with the requirements of rmirl mortgages or deeds or trust, together With a copy of a rosolution of ,L! H . If~.' ,~iL T." ,. Q ." ,~ the Board of Directors of the At(1hi~on Company appro\"iltp; of such request, to t>elcase the lInid property so conveyed from tbelien nnd operation of Illlid mortgllg(ls or deeds of trust. NOW, THEREFORE, (or and in consideration of One Dollar ($1 00) and other good and valuable conlliderations, said Central Hanover Bank and Trust Com- pany, as Trustee under eaid Generl\l1\fortj1;age dated Deecmber 12th, 1895, and as Trustee under Aid Adjustment Mortgage dated December 12th, 1895, d068 hereby release to tho Grnntoo above named frolD,tho liens of s:1id General i'.fortgage and said Adjustment Mortgage, under which it is Trwtoo as a.foresaid, tbat oortain tract OJ' parcel of land Bitunte, I)'in; and bt-ing in the County t)f.....J~~.Q.~....A:~Jg~.~.~_~..................._...m.mm.. and State of.mQ.~.~.~!.9...;r;.~..!~....._..._..............m.. pnrticularly d~bed I1l\ rollow~: parcel of land in the City of Arcadia, County of Los Arlgeles, State of California, being the east 10 feet of Lot 12 and the east 10 feet of the south 40 feet of Lot 13, Block 78, Arcadia, according to map thereof in Book 15, pages 89 and 90, Miscellaneous Records of s aid Los Angeles County; containing an area of 1230 square feet, more or less. ~\ ... ~ . Y\. . .. , ~-....--;--~ , "~ " . :- ~ 1 v ~~" ..... ~ .' , - . ~ .. , .... "', . . Form 2058 Standard T\\"O Pqes-Pap 2 The property herein~bove described being the same property described in and conveyed by said deed dated June 11th executed by the Atchison Company to said Gr~ntee. This release is executed cnd delivered by the Trustee without covenant or wf',rranty, express or implied, e.nd without recourse to the Trustee in any event. that is ,1940 , . ==>..'IT.xxx ~ l~ WITNESS WHElu~or, liUid Central Hnnonf Bnnk nnd Trust CI'lllpany has ('nu~cd thc,'c presents to he sil(ned b)' its President or one of its Vice-Presidenh and it.~ ('orporute seal to hI' hereunl,(Illftixcd and utll"litf'il O}' il~ &-cfl"tnry or an AI'I~I~lllnl &>l'rctllry, the day and. Yt'ar fin.t above written. CENTRAL HANOVER BANK AND TRUST CO:\fPANY. ATTEST: ~ By....._..... ..~~ 113......... .. ..........._...........Prttidmt. It'.... '.~~..42:~=~~:" On this }s., J..J day of ~ , a N,otary P~17c 1n and appeared J ltJge.., . , "940, befo", ~ for said County of . ~ , lmovm to me to be tg ?I~ ~ STATE O}o' NEW YORK, COUNTY OF NEW YORKJ BOROUGH OF MA~HA'M'AN. personally President, and , known to me to b e the Secretary of AND TRUST COI\;PANY, the corporation that executed the within and foregoing instrument, known to me to be the per- sons who executed the said instrument on behalf of the said corporation, and acknowledged to me that such corporation executed Glv.n und" .uy h.~'~~~n~!'i., ",., doe day aud yo.. 1M' .hoyo ..",,'". E F ~AN ~ h-~:3:, .Koi~a~~;:: My Cnm",;";,,. "p',e'h." . h. ... . .. / / ~ ~~tf""ed N, ~~7.~ N~~' S~;:'~~~ No, 1 R 255 Term explrcs March 30. 1941 ~ N..(d;,,"j~~: ~93) ~ . ~ I I iI, " , " , '. f ,., '. ) . 11 . 1 I .. ~ " " 0' M .. , <. ~. ,< f; 0 . " ,-. I .' .<.... , X?~ -t:- 1042 \'~~'~,~l '., , ,:,\YW, rL Nes;b,-t- ': 'i'(j 0 (!)o/f.. -..If:, 7 .: .' , . :' '\ . ,-,.,,' ~' ,~.,i,.."", . ~ .,. I II !"'il> . " 1 , I , , , ,~~ ~ /J J ", ::, ~.l"'i I ' , ~ i ~ ~ , I /, ,~ -", .. ""'\. , , , ""-" ;. "--..:-:..-....... -"....,. . " 1'~" ~., '.fl~:, / 'I' ,. f' , r,' ',.ql~ . . )" I " , 'J ' " :.:- ~ ~ .' i ... ~ ," .--' ~,,-U" .\N'r\\\t\~\~~i~ .: . .~~.I ';-..r . '" ~ ~ a .-1 .-<, j",1 i::. .:.:.: 0 ROE i3 6flm;:a,::::-~.~ nrA" 5 1943'" ~mor,.._;,:::;;,_ au it, ~ MOf:If:l~8d..;::: JL MlN. 'J t1M ~ f.1Drtg..~i-",= PAST It ~ .., 4a$lgn!li--==> H. ~f ii' a:. .!, --~~~I-WA :'< LenC6-== 14, P!:.:"r. " .~-;;- ~ llWlmlfY.:.==o. r,;~ li""'ICML RE"OIWS, " liJiatII_-==- :i<>li7JTY O~ LOS AI',Gkl:~~ ~ ilIrlmllJlt....,,_ ~;r'm:, Of CAUfOnNIA ~3-=,= ,.j. $___,_mF\JLlOS....~__ Yellll/lf ._"~ rJ.~,~;::J: ::. l:'i:.l'1T1 i County flm1!lfIl!lf BY' /~ bOpli~~ ~EE /Jldy' :;.r ~~ ., 'v " " '. , "