HomeMy WebLinkAboutContracts & Agreements_2-1903THIS CONTRACT between Lura A. HUBBARD, JANE DWINELL HALE, FLORENCE
E. HASKELL, E. H. SPOOR, MRS. E. K. RAUGHT, HUGH LYNN, A. L. PARK,
C. S. LOMBARD, J. F. DOSTAL, GEO. A. COOK, C. A. SHAW, M. L. SHAW, AGNES
H. PARK, ALMA L. PARK, HARRY GREGORY, LOUISE F. SPOOR, NELLIE M. MESSINGER,
ELLIOTT MESSINGER, each with the other witnesseth:—
Each of the parties hereto is the owner in severalty of a part
of that certain strip of land in the City of Redlands, San Bernardino
County, State of California, bounded on the north by Colton Avenue,
on the south by Terrace Avenue, on the east by Church Street and on the
west by Orange Street, the portions so owned by the parties in severalty
making, in the aggregate, the whole of said strip of land, except the
portion thereof owned by Wm. Gregory, and which said city has sought
to acquire from him for public park purposes by condemnation proceedings.
Subject to the provisions hereinafter contained, each of the
parties hereto covenants and agrees with each and all of the other
parties, as perpetual covenant running with the lands of each and all,
that he will never erect, nor cause or permit to be erected, upon the
portion of said strip of land belonging to him, any building, erection
or structure and it shall forever remain open and free as a garden or
park to any party owning land fronting on said Terrace Avenue immediately
opposite said strip of land.
Except as above provided, and subject to the freedom of use afore—
said, each of the parties reserves to himself the exclusive ownership,
possession, use, management and control of that part of said strip of
land now belonging to him. Each and all of the provisions hereof shall
apply to and bind the heirs and assigns of each and all of the parties
as to their said respective portions of said strip of land.
PROVIDED, and this contract is made upon this express condition,
that said city shall acquire from said Wm. Gregory his said portion of
said strip of land through or by means of condemnation proceedings, or
otherwise, and shall thereafter perpetually maintain the same as a public
garden or park, for use in common with the remainder of said strip of
land owned as aforesaid by the parties hereto; and if said city shall
fail so to acquire said portion from said Wm. Gregory, or shall at any
time fail so to maintain the same, then this contract shall thereupon
become and remain null and void, and all interest and rights hereby
granted shall thereupon revert to the respective grantors.
Charles S. Lombard, one of the parties thereto, is hereby appointed
the common agent of all to make and receive delivery of this contract,
when it shall nave been signed by all of the parties above named, but
not otherwise, and of signed by all, it shall take immediate effect; and
if so signed by all, he shall also, as such common agent, place this
contract on record, provided said city shall acquire said Gregory land
as aforesaid, but not otherwise.
Such recording of said contract at the request of said Charles S.
Lombard shall be conclusive evidence of the delivery thereof from each
to each of all the parties who shall sign it.
Dated this 31st day of January, 1903.
0.S.Lombard
Witness as to
Harry Gregory
E. H. Spoor
Witness of
Signatures of
Lura A. Hubbard
Jane Dwinell Hale
Florence E. Haskell
E. H. Spoor
Mrs. E. K. Raught
Hugh Lynn
A. L. Park
C. S. Lombard
J. F. Dostal
Geo. A. Cook
C. A. Shaw
M. L. Shaw
Agnes H. Park
Alma L. Park
Harry Gregory
Louise F. Spoor
----Nellie M. Messinger
------Elliott Messenger
Edward S. Graham.
STATE OF CALIFORNIA )
(SS.
COUNTY OF SAN BERNARDINO)
On this 17th day of February, in the year nineteen hundred and
three, before me, F. E. Sanford, a Notary Public in and for the County of
San Bernardino, State of California, residing therein, duly commissioned
and sworn, personally appeared C. S. Lombard, known to :ie to be the per-
son whose name is subscribed to the within instrument and he acknowledged
to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
(NOTARIAL SEAL) F. E. Sanford
Notary Public in and for the County of
San Bernardino, State of California.
STATE OF CALIFORNIA )
(Ss
COUNTY OF SAN BERNARDINO)
On this 19th day of February 1903, before me, F. A. Leonard, a
notary public in and for the County of San Bernardino, personally appeared
E. H. $poor, personally known to me to be the same person whose name is
subscribed to the within annexed instrument as a witness thereto, who being
by me duly sworn says, that he resides in the City of Redlands, in the
said County and State, that Laura A. Hubbard, Jane Dwinell Hale, Florence
E. Haskell, Mrs. E. K. Raught, Hugh Lynn, A. L. Park, C. S. Lombard,
Nellie M. Messinger and Elliott Messenger executed the said instrument,
and that each of them acknowledged the execution of the same in the presence
of affiant; and that the said affiant thereupon subscribed his name as a
witness thereto.
Witness my hand and seal.
(NOTARIAL SEAL)
F. A. Leonard
Notary Public in and for San Bernardino
Co., State of Cal.
STATE OF CALIFORNIA
(SS
COUNTY OF SAN BERNARDINO)
On this 8th day of April, 1903, before me, L. W. Clark, a Notary
Oh
Public, in and for the County of San Bernardino, personally appeared
C. S. Lombard, personally known to me to be the same person whose name
is subscribed to the within annexed instrument as a witness thereto, who
P being by me duly sworn says, that he resides in the City of Redlands, in
the said County and State; that Louise F. Spoor, J. F. Dostal, Geo. A.
Cook, C. A. Shaw, M. L. Shaw, Agnes H. Park and Alma L. Park, executed
the said instrument, and that each of them acknowledged the execution of
the same in the presence of affiant; and that the said affiant thereupon
subscribed his name as a witness thereto.
WITNESS my hand and seal.
NOTARIAL SEAL)
L. W. Clark
Notary Public in and for San Bernardino Co.,
State of Cal.
#4+0 "Endorsed" Recorded at Request of L. W. Clark Apr 9 1903 at 23 Min.
past 9 A.M. in Book 332 of Deeds page 384 Records San Bernardino County,
J. F. Johnson
Fee $5.20.
Jr.,
County Recorder. By E. R. Fussell, Deputy Recorder.
A full, true and correct copy of the original.
J. F. Johnson.Jr., County Recorder.
By B. M. Johnson, Deputy Recorder.
1
SIC
State of California
County of San Bernardino
I, FULTON G FERAUD, County Recorder in and for the County of San Ber-
nardino, State of California, do hereby certify that the foregoing is a full, true and
recorded in book 332
correct copy of the -
of ileed.s_ -- - - - -page 384, of San Bernardino County Records.
IN WITNESS WHEREOF, I have hereunto set �mPyrin d and affixed my official
11th day of _ l
, 192
seal, this _ -
FULTON G. FERAUD, County Recorder
By s ,... W-_ Deputy Recorder
_ Contract