P-29 (2)
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THIS INDENTURE, made the 28th day of
June, A. D., 1902, between Abbot Kinney, A. R. Fraser,
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G. M. Jones and H. R. Gage of Los Angeles~ Ca!ifornia,
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parties of the first part. and the Town of Santa Monioa,
a municipal corporation of the sixth class, duly organized
and existing under and by virtue of the laws of the State
of California. party of the ~~cond part.
WITNESSETH:
That said first parties far and in oonsider-
ation of the sum of One Dollar lawful money, to them in
hand paid. by said second party, reoeipt whereofc is here-
by aoknowledged, and the further oonsideration of being
allow~d by said second party to dispose of the sewage from
the lands -noW" owned by said first parties adjacent to the
lands hereby oonveyed through the outfall sewer ot 8a1d
second party. do hereby remise, release and torever quit-
olaim to the party of the second part, its suocessors and
assigns forever. all that oertain real property located,
situated and being in the Oounty of LoS Angeles, State of
California, and bounded and particularly desoribed as fQllows,
to..wit :
&;
Commenoing at. " point in the center line of
Pier Avenue as shown on the map of the Crescent Bay Tract.
Which map is of record in Map Book 2, pages l3 and l4, Re-
oords, l>~ said .Los Angeles County whioh point is one hundred
thirty five (l35) feet southwesterly from the westerly line i
of the oity alley or right of way for publio sewer, as conveyed
to said seoond party by Kinney and Ryan, and which point is
also at or near the line of ordinary high tide of the Paoifio
Ooean. and from thenoe acoording to and along the following
oourses and distances:
1 -- S. 6202!ilJ E. one hundred twenty five (125)
feetl"thence j)e4~#,<y
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2 -- S. 390 4l' B. and parallel with the beach
line of the Bay View traot nine hundred fifty-four (954) feet;
thence
3 -- S. 370 l61 E. and parallel with the wester-
ly line of the Golden Bay Tract Seventeen hundred ninety-one
(l'9l) feet; thenoe
4 -- N. 5lO la' E. one hundred and twenty-five
(125)' feet; thence
5 -- S. 3,0 16' B. and along a proposed alley
in the Fraser and Jones tract sevQnteen hundred sixtl (1760)
feet; thence
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6 -- s. 510 121 W. J1.CY feet; thence
., -- N. 37016' W. and parallel with oourse 5.
se'V'IlU1tetn hundred fift;t (1750) feeit; thence
8 -- S. 5lo 121 W. and parallel with course 4,
one hundred twenty-five (125) feet; thence
9 -- N. 3,0 l6' W. and parallel with course 3,
eighteen hundred one (1801) feet; thence
lO -- N. 390 411 W. and paral+el with course 2,
nine hundred fifty-four (95~) feet; thence
II -- 1.620 271 W. and parallel with course l,
one hundred twenty-seven (127) feet; thence
12 -- N. 510 la' B. ten (10) feet to the point of
beginning; being a strip of land lO feet in width for use as
a publiC sewe~ and alley; together with all pipes. man-holes, I
sewer connections, flush tanks and appurtenances to the sewer
main now placed or being placed in said above described l~nds.
This deed is given as a correction deed and is
accepted by said second party in lieu and place of that certain
deed of conveyance between the parties hereto dated June 9.
1902, and recorded on the 13th day of June, 1902, in Book 1609,
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page 24 of Deeds. Records of Los Angeles County, wherein
the dietance~ in coursesl and II were erroneously stated as
one hundred fifty (l50) and one hundred fifty-two (l52) feet
respectively; and said second party b, acceptance of this
conveyance releases all claim to any and all property des-
cribed in said deed of June 9, except suoh as is inoluded
Within the boundary lines of the description in this instrum-
ent contained.
Said first parties agree to oomp~ete the sewer
main now being laid in said premises, and to keep all that
portion of said sewer lying outside the corporate limits
of 8aid second party in repair and properly flushed at
their own expense until 8aid portion shall beoome a part of
the oorporation of said seoond party; and said parties of
the first part hereby waive all damages that may accrue from
said sewer outside said limits before the annexation of said
landS to the said town, and this agreement shall be deemed as
a burden upon all lands drained by said sewer. which shall
run with said lands until the annexation aforesaid shall have
ooourred.
WITNESS O'lU' hands and seals.
ABBOT KINNEY (SEAL)
A. R. FRASER (SEAL)
G. M. JONES (SEAL)
H. R. GAGE ( SEAL)
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STATE OF CALIFORNIA, county of LOB Angeles s~s.
On this 15th day of July in the year, one thousand
nine hundred and two, before me, J~ O. Oliver, a Notary Public
in and for said county of LOs Angeles, State of california,
personally appeared Abbo~Kinney, A. R. Fraser, G. M. Jones
and H. R. Gage known to me to be the persons whose nanes are
subsoribed to the within instrument, and acknowledged to me that
they exeouted the same.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my offioial seal, the day and year in thia
oertifioate first above written.
(Notarial Seal) .r. C. 011 ver ,
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Notary Publio in and f'or the county of LOS Angeles ,st.at e of California.
The foregoing deed is hereby accepted in lieu and
plaoe of that certain deed or conveyance executed by the Grantors
therein, dated ,Tune 9, 1902, recorded on the 13th day of June,
""" 1902, in Book 1609, page 24 of Deeds, Recofds ot LOB Angeles
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~ County, and all property described in said deed of June 9,
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\ description in the fo~g01ng deed contained, is hereby released
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from all claim by reason of the said deed ot June 9, aforesaid.
T. H. Dudley, President of
the Boam of Trus tees
of the Town of Santa Monica.
STATE OF CALIFORNIA, county of LOB Angeles, S.B.
On this 28th day of JUly A. D. 1902, before
me Fred H. Taft, a Notary Publio in and for the County of Los
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Angeles, personally appeared T.. H.. Dudley lnown to me to
be the President of the Board ot TruAtee~ of the Town of
Santa Monica, the corporation that exeout~~ the within in-
strument, and aCKnowledged t~ me that 8uch oorporation exe-
cuted the same..
IN WITNESS iffiEREOF I have hereunto set my hand
and affixed my official seal the day and year
in this certl:f1ca te first above written,
(Notar1al Seal) FRED H. TAFT, Notary Public in and
for the county of 10a Angeles, state of California..
~o- A f'ulli true and correct copy of the original recorded at re-
quest of' Grantee .Tuly 30, 1902, at 16 min. past 11 A. M..
1
R. D. Wade, county Recorder. By A. L.. Austin, lJeputy. A
STATE OF CALIFORNIA, fss.
COUNTY OF LOS ANGELES.
i :Jterebu eertifu The foregoing to be a full, true and correct copy of the instrument
appearing recorded in Book No. 16.:/.7... 0/........ .)::2~.U~:~m......m..Page....'1-........
Records o.f Los A ngetes County, and that I have carefully compared the same with the original
record.
in Witne88 Whereof, I have hereunto set my hand and affixed my
Off;,iai S,.l, thi< .'2.i?~ day of-a,..,~.. I9I.3.
c. L. LOGAN. cou Y RECORDER
By.., d.. .J2:J:t.dt~-cr:L-:f'.,~. .......Deputy.
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Offioe Of
laMer, 'aft, &: Odell
Los Angeles, Oal., May 23, 1913.
to the Honorable Mayor & Oouncil of the
City of Santa Monica.
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Gentlemen: .
Our investigation of t~ evidence relating to the
rights of the City of Santa Monica in its contest with ~aser's
Million ])ollar Pier Co. ~a revealed the fact that the City of
Santa Monica has greater rights to the property lying between
Pier Avenue and Marine street and between a 10 foot strip
beginning at a point in the center line of Pier Avenue about
135 feet southwesterly from the westerly line of Speedwa7 and
running thence to the southerly city limits, and bounded on the
westerly side bi the Pacific Ocean, than any other person or
corporation~his right arises out of a quitclaim deed given
June 28, 1902, by Abbott Kinney, A. R. 'raser, G. M. Jones, and
H. R. Gage, to tm tOliIl of Santa Monica for the 10 foot strip in
consideration of One Dollar and the fUrther right of the parties
of the first part to tispose of sewerage from the lands through
the outfall sewer of the Oi ty.
Ibis strip runs from the old screen house at the fo ot of
Pier Avenue,where the pumping plant used to be, directly south and
parallel ~i th the Ocean ~ t.h.e so~therly c:i ty limits, and tne deed
nsel f reads tl:a t attba t time the said point was at or near the
ordinany high tide line of the Pacific Ooean.
We have evidence of competent witnesses who will testif,y
tlBt at tlBt time the tide line of the Pacific Ocean was at said
point. Ihe deed g i venby the above m me d gentlemen was an
absolute deed of this strip, to be used for sewer and alley. ani
conveyed any ti tIe tba t the:l lRd tot 1:e Oi ty, and aut them off as
riparian owners of the Ocean Front. the. sand accretions on the
westerly side of this strip _be~~l!l8l!_tbe propertY or thed-l1rty~"
public purposes,and no~dividual has a rightt.Q put anyS{~ctures
~n it t ()~ _'tlB. e __~tfo t: _~nd:lvId.ua:r purpose&. without the City'S per-
mission ootained in legal farm.
We therefore recommend that you authorize us to begin a
( Hop..) .J~ S/~)-M~ ~</n~J~{'
?t/ /7X /2Ld ,?(],zfc a/u.-- 7z. c--;t.. z;;~ - J. e..e &/fu.// L7/ch~.
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suit to quiet title of the Oity against all persons or oorporations
olaiming any interest to the property lying west of this 10 foot
strip am tlBt yon make a suffioient appropriation to oover the
cost of the same and for the payment of additional reasonable
Counoil fees.
Yonrs truly.
(signed) H. W. Taft. City Attorney
s. W. Odell. of Counoil
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