HomeMy Public PortalAboutBowie Estate 3 99-B-12M
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REPLACEENT FOLDER
BOWIE ESTATE
1. Resub. Lots 31, 32 & 33, Peninsular Manor and Ptn. Lot 1, 81k. 74 Nap No. 3,
Bowie Estate
2. Resub. Lot 5, Elk. 73, Bowie Estate Nap lo. 3
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THIS INT CCR}, Lade and entered into this 27th day of February , A. D . 1911
BY ARP EFRCFI•':: BOY'lF FSSAST' COZANY, a corporation of the State of California and AG}:I'S
HOWARD HAYI:F.'and J. H. P. HOWARD ,both of the Count; of San Mateo, State of C.aifcrnia
parties of the first part and CITY OF SAN MAT O, :Ot:1 O:' flair -MALI, and Cl7v C.
HILL-SI*ROUG", municipal corporations of the St..tc of California locate: in the Count;' of
ran. Mateo, State aforesaid parties of the second part •
I7 I: l: F S S 1. a 1.
biliLiTAS the parties of the first part are the owners of certain tracesor parcels
of land located in the Easterly portion of the City of San l:ateo,party of the second part
herein particularly described as follo:ra to-:.lt
Blocks Seventy six (76) and seventy seven (77) as the same are laid deco .and delineated
upon that certain map designated "Lap Mo. 3 of Bowie Fet.ae ,a part of the Estate of Agnes
Bowie to be partitioned ,an2ztco County, Cal" recorded in the Rccrder's office in Map Look
Number 2 at gage 93 thereof, SanMateo Count; records.
Also lots one (1) G, two (2) G. three (3) G, four (4) 0, five (5) G, three (3)
g, four (4) H, and five (5) g, ar tic same are delineated upon that certain sup entitled
'Way Ea'. 4 Bowie Rstatr being a tart of the estate of Agnes Bcwic to be partitioned ,
San Mateo County, Cal" recorded in the office of the County Recorder of Son Mateo
Count„ California in Map look lumber 2 pat page 94 thereof; and
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BFRFAS portions of said lots and percels of land are adjacent to, or near,
the Bay of San Frane:see, and at periudu of uaeually high tides the Salt WLtere of said
Bay are liable to overflow 'and immediate portions of said lands ; and
Wi1F.RFAS ,heretofore to -wit about thirty (3C) years prior to the date hereof, there
was edartructed by the predecessors in interest of the parties of the first part hereto,
along a portion of Said premises and parallel with the said Bay of San Francisco,
and some distance inland ,a certain low dike or levee and the same was for many years
maintained by the predecessors in interest of said parties of the first part and by said
parties of the first part; and
sfirRFAS ,at the time of the earthquake in the year 1906, a portion of,sald lands
near said Bay settled materially ,and the efficiency of the said dike or tide water levee
was somewhat sunken and lowered, and materially impaired, by reason whereof, the said
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waters of the Bay of San Francisco are now liable to overflow at certain periods of very
4 ))igh water upon portions of said lands or premises ae aforesaid; and
FEPREAS, by reason of the same pools or salt water now sometimes collect and remain
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u n portions of said land and said pools of water are thought to operate as abreeding ground
Yo mosquitoes land Lhetmo squitoee I breed therein, and
VItERPAR ,the replacement and rebuilding of'said dike or levee,and the raising of the
same will prevent the said overflows of the said bay waters and the collection of said Loots of
salt water upon said lands and
Ifl!YI AS by :roceedings heretofore had and taken by the parties of the second part
hereto, bids were invited for the construction of a certain dike or levee and two flood gates
- at or -near the•9lwaberly-edge-o! Sen,TracbilbC'Bfy, thinirf ftation tielitddere mid father..
.sr+:�vrr
purpose of reoonstruoting ,repairing and raising by said parties of the second part, the eaiA
dike or e.Mal] levee teretofore constructed as aforesaid, and
WRPSFAB , said parties of the second part have requested of said parties of the first
part a right of ,ray and easement over the promisee above described cf the parties of the first
part for the prup•se of rebuilding ,raising , repairing am: thereafter maintaining said
dike,or levee with the right of ingress upon and egreec from said premises for said
purposes and for no other purpose ;
NOW TIT-•EFOI'.P,in nonrideration of the premises and of the nuns of Ten ($10.00) Dollars
to them in hand paid by the parties of the second part,the reoeipt whereof is hereby
acknowledged,the the said parties of the first part do hereby give unto the said parties
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of the second part , their successors and assigns, the right and privilege of constructing
or reconstructing ,raining ,repairing and maintaining that certain old pike or levee located
in the lasterly portion of the parcels of lard i:e_c.in.bove described which said old
dike or levee is the cr=giral dike or levee constructed thirty years or thereabouts since by
Agnes Bowie ,now deceaseda together with the rigi.t of ingress. and egreco to and from the same
for the sole purpose of gonstructing or reconntructing ,raining ,repairing and thereafter
maintaining said repaird and receretructed dike or levee.
TO EMT AND TO HOLD, said easement for the team of years from the date hereof, subject
to the undertaking by said parties of the•first part to keep and maintain said dike
or levee in serviceable condition and repair zo as to prevent the waters of the Lay of
San Francisco, from overflowing the premises aforesaid .
This casement is expressly made subject to said condition of maintenance and repair during
the term hereof, by said parties of the second part and in event that at any time during •
said term said parties of the Second part shall fail or neglect to keep and maintain said'.di're
or levee,or any portion thereof, in good and eervioeable condition and repair as aforesaid
then and in said event this grant or easement ,and all rights of the parties of the Second
part hereunder shall terminate and lepee,and shall forthwith become void and without force
or effect .
IN WITNEce tT RTOF, the parties of the first part have set their h.nds and seals the day
and year first above written, said Corporation , BOWIE ESTATE COMPANY , by its President and
Secretary thereunto duly authorized and empowered .
BOWIE ESTATE COMPANY
...rpagaraladl..c -.+ayes ww.e",.,Scw;,. iQ, ..$3dAl.l+... -. �..:.-ca...•y;.„.
�B�' AFHRY P. SOSlIF. ,IT:' PRES'.DF2IT
AND ALLAN 8T: 3. BOK•lIs ,ITS SECalcARY
AGNES HOWARD RAY}TF and J. B. P. EOWARD
BY DUNCAN NAYlNP. ,Thkir attorney in fact
STATE OF CALIFORNIA
CITY MTh COUNTY OF SAN FRANCISCO )$g'
On this 27th day of February in the year nineteen
hundred and : leven,before me R. B. TRFA? a Notare Public n and for
d
Count-
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M P I M I M M N I M e
o f S a n F r a n c i s c o , S t a t e o f C a l i f o r n i a , , r e s i d i n g t h e r e i n d u l y c o m m i s s i o n e d a n d s w o r n ,
p e r s o n a l l y a p p e a r e d M I R Y P . B O W I E a n d A L L A N S T . J . B O W I E k n o w n t o m e t o b e t h e
P r e s i d e n t a n d S e c r e t a r y r e s p e o t i v e l y o f M O W / E E S T A T E C O M P A N Y t h e c o r p o r a t i o n t h a t e x e c u t e d
t h e w i t h i n a n d a n n e x e d i n s t r u m e n t a n d a l s o k n o w n t o m e t o b e t h e p e r s o n a . w h o e x e c u t e d
s a i d i n s t r u m e n t o n b e h a l f o f t h e c o r p o r a t i o n t h e r e i n n m e d a n d a c k n o w l e d g e d t o m e t h a t
s u c h c o r p o r a t i o n e x e c u t e d t h e s a m e .
I N R / T R E S S W P F P P O F , / h a v e h e r e u n t o s e t m y h a n d a n d a f f i x e d m y o f f i c i a l s e a l t h e d a y
a n d y e a r i n t h i s c e r t i f i c a t e f i r s t . a b o v e w r i t t e n .
R . B . T R L A '