HomeMy WebLinkAboutD-73 Phillips AddnL
THIS INDENTURE, Made this day of December, 1918, between
H. L. KEMPER and CLARA R. KEIvIPER, his wife, and FRANCIS H.
TVROOP, and )I. A14AIS THROOP, his wife, parties of the first
part, and CITY OF SAN LUIS OBISPO, a municipal corporation in
the State of California, party of the second part,
W I T N E S S E T H:
That the said parties of,the first part do by these presents
grant and dedicate unto the said party of the second part and to
its successors and assigns forever, but subject to the conditions
hereof, for a public automobile camp ground and pleasure or
ornamental park, all those certain lots, pieces or parcels of
land situate in the City of San Luis Obispo, County of San Luis
Obispo, State of California, and bounded and particularly des-
cribed as follows, to wit: Lot "C ".and Lots Nos. One (1)0 Two
(2), Three (3), Eleven (11), Twelve (12) and Thirteen (13) of
Block One Hundred Thirty -sQ eb - t -r0�� � d'C�W otP San Luis
Obispo, California, as per map of saA'39�� filed in the
office-of the County Recorder of -San Luis Obispo County,-California.
on December 18th 874 to whiala refere a is here n
TOGETHER with all ancs�ingular niche tenemen�s ,'atlfr'edita-
ments, and appurtenances thereunto belonging or in- anywise apper-
taining, and the reversion and reversions, remainder and remainders,
rents, issues and profits thereof;
TO HAVE AND TO HOLD all and singular the said premises
together with the said appurtenances unto the said party of the
second part and to its successors and assigns forever.
This deed is, however, made subject to the additional
covenants herein contained:
1. That said premises shall be properly prepared and
equipped by said City, and used only for a public automobile
camping ground and parking station, or for a public ornamental
pleasure park, and it shall be maintained as such; that such
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equipment shall consist, in part, of ihstalling sufficient
water pipes and faucets, with sufficient lighting poles or
standards, wires or gas pipes, and fixtures; and the City shall-
campers with free viater from its mains, and shall furnish the
furnish the Apark with sufficient lights (electric or gas or
equivalent), all free of charge to the campers; that after
said park is prepared and equipped, said City shall properly
maintain the same; that said preparation, equipment, etc, shall
be done and installed within a reasonable time after execution
and delivery of this deed:
2. Provided that said City, may charge the campers
small fees, estimated to be sufficient, in all, to defray its
upkeep expenses, or may rent out a.small part of said park to be
used by the tenant for selling to the campers camp supplies
and delicatessens, for a rent estimated to be not more than
sufficient to pay for the upkeep of said park, including the
cost of keeping it clean and in proper order and condition; or, in
lieu of a cash rent, the tenant may obligate himself to the city
to maintain said park and keep it in proper order and condition;
but, no matter whether the rent be cash or not, the tenancy shall
be from month to month.
3. Said City shall prescribe and enforce reasonable
and proper rules governing the use of said park by the campers,
or for their conduct therein, and may prescribe reasonable pen-
alties for violation thereof, even denying the use of the park to
any of them for a limited time or permanently; such rules must
be printed or typed, and posted at a conspicuous place or places
in the park or on its fences, or contiguous thereto.
AND, WHERi! S the said property was purchased from the
parties of the first part by an association of individuals known
as and called the North End Improvement Club of the City of San
Luis Obispo, and by certain firms and corporations, and was by
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them donated to the City of San Luis Obispo for the aforesaid
purposes;
NOW, THEREFORE, provided that as to the said individuals,
firms and corporations, contributing to the said purchase price and
as to the Commercial Bank of San Luis Obispo, a corporation organized
and existing under and by virtue of the laws of the State of Cal -
ifornia, the trustee for said contributors hereunder, a breach of
the aforesaid conditions or any thereof or a failure by party of
the second part at any time to use and maintain the said 1remises
as hereinabove provided and for the purposes herein specified,
shall cause said premises to revert to said Commercial Bank of San
Luis Obispo, its successors or assigns, which said corporation
shall have the right of immediately re- entering upon said premises
in the event of any such breach of condition or failure and shall
hold, manage and sell the said premises for the benefit of the
contributors to the purchase price thereof as aforesaid, and shall
divide the proceeds thereof among said contributors, their success-
ors and assigns in the proportions in which they respectively
contributed to the said purchase price, which were as follows,
namely:
E: M. Merrifield,
Ravid bluzio,
J.-J. Andre,
J. L. Anderson,
W. Lynn,
Geo. W. McCabe,
Green Bros.,
Chas. J. Taylor,
S. V. Wright,
Wm. Shipsey,
Union Hardware and Plumb-
ing Company,
Wm. Sandercock,
H. M. Warden Co.,
C. H. Kamm,
H., A. Maker ,
F. E. Brown,
Ellsworth & P,McCoosl,
Daily Telegram,
Sperry Flour Co.,
Ed. U. Kaiser,
E. Tv1. Payne,
John - Norton,
$25.60
0. -C: Orr & Co. ,
$10.00
25.00
Joe A. Chaves,
5.00
25.00
Dr. H. S. Walters,
2.00
25.00
T. A. Greenleaf,
5.00
25.00
P. A. H. Arata,
5.00
25.00
San Luis Furniture Co.,
10.00
25.00
San Luis Wholesale Co.,
20.00
.25.00
Dr. H. -A. Gowman,
5.00
25.00
W..C. may,
10.00
25.00
Dr, H. S. .goys,
10.00
San Luis Obispo Chamber
25.00
of Commerce,
250.00
25.00
F. C. Cherry,
10.00
25.00
gam Tognazzini,
10.00
25.00
Chas. Forbes,
5.00
10.00
Commercial Bank of San
10.00
Luis Obispo,
25.00
5100
Geo. H. Andrews,
25.00
10.00
L. M. McManus,
25.00
10.00
C. H. Reed Co.,
10.00
15.00
Dr , F. J. Lynch,
10.00
20.00
R. Call,
20.00
5.00
H. H. Carpenter,
10.00
f 0
F. J. Rodriguez, $10.00 Grace E. Kelshaw, $ 5.00
San Luis Hardware and L.,A. Enos, ' 10.00
Implement Company, 10.00 W. H. Schulze, 5.00
M. Marshall, 2.00 L. W. Hill, 5.00
W. D.. Adriance, 5.00 A. Paiarola., 20.00
Frank Aston, 5.00 Henry Dawe, 10.00
Should any of said con'Gributors, their successors or assigns not
be found on reasonable inquiry and within twelve (12) months
after sale, the shares of those not found shall be devoted to
some public City purpose, as said trustee may determine.
IN W[TNESS WHEREOF, the parties of the first part here-
to have hereunto set their hands the day and year first hereinabove
written.
STATE OF CALIFORNIA, )
)SS
A
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County of San Luis Obispo. )
On this /�qday of December, 1918, before me,
a Notary Public in and for the County of Spin Luis 0 ispo, a e of
California, residing therein, duly commissioned and sworn, person-
ally appeared H. L. KEMPER, CLARA R. KEMPER, FRANCIS H. THROOP and
M. ANAIS THROOP, personally known. to me to be the same persons'
described in and whose names are subscribed to the within and fore-
going instrument and they duly acknowledged to me that they executed
the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
Offscial Seal the day and year in this Certific to first above
written.
ae(l. /vJ
NOTARY 'UBLIC A 0 ESAI .
0
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THE FOREGOING DEDI ATIO11 IS ACCEP ED BY THE CITY OF SAN LUIS
OBISPO OF THIS DAY OF DECEMBER, 1918.
MAYOR
STATE OF CALIFORNIA, )
)SS
County of San Luis Obispo. ) p_ {
On this %1 1 day of December, 1918, before me,\
a Notary Public in and for the County of San Luis Obispo, State
of California, residing therein, duly commissioned and sworn,
personally appeared VJ. M. Stover, personally known to me to be
the person described in and whose name is subscribed to the
above acceptance, and he duly ackno*ledged to me that he executed
the same.
IN WITNESS WHEREOFI have hereunto set my hard and affixed my
Official Seal the day and year in this Certificate first above
written. L L
.VOTARY PUBLIC AF 'ESAID.
THE FOREGOING TRUST IS HERE_' Y ACCEPTED BY THE COIMRCIAL BANK OF
SAN LUIS OBISPO ON THIS 244 DAY OF DECEMBER, 1918.
-Preside n .
STATE OF CALIFORNIA,
)SS
County of San Luis Obispo. )
i
On this �( day of December, 19180 before me,
a Notary Pu lic in and for the County of San Luis ispo, a e
of California, residing; therein, duly commissioned and sworn,
personally appeared John W. Barneberg, personally known to me to
be the President of Commercial Bank of San Luis Obispo, the cor-
poration described in and that executed the within and foregoing
instrument and known to me to be the person who executed the IQ
said instrument on behalf of said corporation, and he duly ack-
nowledged to me that said corporation executed the same.
IN WITNESS WHIiuREOF I have hereunto set my hand and affixed my
Official Seal the day and year in this Certificate first above
written.
- U t I -
NOTARY PUBLIC FORESAID
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_ ERTIFICATE OF TITLE
THE ABSTRACT AND TITLE BUREAU, of San Luis Obispo County,
California, a corporation duly organi --ed under the laws of the
State of California., does hereby certify that the official County
Records of the County of San Luis Obispo, State of California,
have been examined with reference to the title to that certain
lot, piece or parcel of land situate, lying and being in the said
County and State, and particularly described aS follows, to- livit:
In tiie City of San Luis Obispo:-
Lot "C" and Lots 1, 2, 3, 11, 12 and 13 in Block. 137 of C.H.Phillips'
addition to the City of San Luis Obispo as surveyed by R. R. Harris ,
October, 1874, the idap of which was filed for record in the Office of
the Countir Recorder of said County December 18ti?, 1874 and to ,ihich
Map reference is hereby made.
and find the title thereto now to -re vested in
H. L. KE1,:PER AND PRAI(C IS H. THR00P
free and clear of and from all liens or incumbrances of every
kind, excent
That in the Deed from Commercial Bank of San Luis Obispo, a cor-poration,
to H. L. Kemper. and Frrncis H. Throop, dated January 10th, 1917 and
recorded. January 11,1917 in Vol. 113 of Deeds at page 347, the land
is described as "Lots "C" and Lots 1, 2, 3, 11, 12 and 13 in Block
137 of the City of Sun Luis Obispo, Cal."
No reference is made to the fact that the land is in C.H.Phillips'
Addition to the City of San Luis Obispo or to -;Uhe i:ap above referred to.
M
WITNESS the Corporate Seal and Signature of THE ABS'Ti:ACT AND
TITLE BUREAU, at its.offiee in the City of ',--'.an Luis Obispo,
California, this 13thday of December A. D. , 1g 18 a, 2
o'clock P. M.
THE ABSTRACT
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