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HomeMy WebLinkAbout07171922'City Hall, Palo Alto, California. Ju y 17, 1922. 'Zee C-ot ncii of .the:Cit-, of Palo Alto met on this date at 8 p. t.. pursuant• ..to adi oi.rnment of Ju.ly 10, 1922, with E. C. Thoits, Mayor pro tem,. prez d ng Roll call as follows: Bertsch*, Moir, Corbet, Hatterday, Hobart, ord:an, . a ender hail, ??o: ler, Thoits. Cathcart, Cooley, Lausten, Thomas, Wing. omen ' -s Club letter from, the-:azsiness `,romans Club thanking the Council for the courtesies rendered - the Club was ordered filed, laid on the ;Table. A coi unieat_ ion: from the Peninsula Chambers - of Commerce :relating- to the Railroad situation in Northern Califarr's, was laid 0n the table on, motion of iendenhall and Jordan. Resolution Accepting Sifts and Deeds. A Resolution, entitled " .Resolution of the Council of the City of Palo ::2to acoepttng certain gifts ;anddeeds of proper; to said City from Bil,y S. Dixon", was introduced and re:s.d and on notion of Eastorday and Pe`rtsch.e was passed by unanimous vote on roll call. Said, resolution, is as follows: e :: ..5e ,on the fir,et day of August,1915, ;),,; , .rns, now{. Dixon', ; .ode, a'.:certain' deed to said City of Pale _ to �r c'eneider'ati on, o; t e `covenants .of the City of Palo Alto; and, .:.:eee- as on t7le :fourteenth" day 'of October 1 2C, - it T...S. P ixoe, qu t•1 :i sec tc. the same property to the ",:111.7 f Zalo which deeds' hive sbeen ,made of record in the o "five of the County Recorder of ..grits Clara County, the first: it Volume 528 ct deeds, page 5 ad the :second, in Volume 524 of deeds. • page '1i, Which: place is hereinafter referred to as her "Rome Property"; AND 'D ','IN .EAS4 on the 17th day of July 1922,-- the said Emily S. Dixon, formerly e fly S. Karns, made an absolute deed of sa.ld< :property, desor;bed in the above deeds to the City of Delo Alto: AND wEE-Iziks, on: the 17th day of July 1922 with the con. sentor said:` Emily S« Dixon, certain property deeded by her to the C it .. of `: Palo Alto and located in the city and county of Sar_ Francisco, State of California was sold by the City' of Palo lt0 far the .sum of $75,00, said. property being describes- as follows: Oo " encin at the ,soin.t of intersection of the Northerly fine of weary Street with the westerly line of Hyde Street; running thenoe ;westerly along the said. ` northerly line of Geary . Street eighty-seven (8'7) :feet` and six (6) inches; tnen,ce at right angles nort'herlyeighty-seven (87) ` feet and. six (6) inches thence at ri, t•, an ;1es' easterly eighty-seven (87) feet and six il6), inches to he; said westerly line ox Hyde Street; thence at right angles southerly and along the said westerly line of rde Street eighty-seven (87) feet and s (6) inches to the point of C omneno ene21t.`' :• AND a7EDIE(. 1AS, the purchasers of said property will give to the said Zmily S Dixon and to the City of Palo elto a . ` rust teed as seourity for a promissory note made by said purchasers to Baily 5. Dixon and the City of Palo Alto for said se= of $75,000 . nearing ,interest at 6% per annurin AND death to have 1� and described f andthe proceeds a memorial buil Pardee, and- th improvement of her death to h,4 purchase price investments the taming a recre the City of Pal Block lots one, two,. Alba Park subdi NOV e . the Council of - trust geed and City, and, that and in behalf oe and agree with t following reserve (1) T ion, incomes, is property situate deed: - (2) T by the City of Pei ' memorial build{nl Pardee. That es accordance with E clerk of said cif $75,000 located dvanc e (3) n being the in the Ci to the se (4) `i'r. on the said prom shall be payable note is paid the and the rents and vestments be fore (5) a City of Palo Alto of :laid property used by the City (a) Ou pay to Arthur L. of $50.00 per mon upon his death sa (b) A:r. the sum of $50.00 live, upon her de (0) A the sum of x.50.00 .Live, upon his de That th every kind and na AND`IYk2.F.AS, the said . i1.y S. Dixon desires upon her death to have her real property" located, in. the city of Palo Alto a d described in her., previous deeds to the City, sold, by the 'City andthe proceeds so ' said .salle to .the extent of '$20,000 >invested, in a memorial building .to the':rerory Of'...her:: departed daughter.,, ;� ellie rdee,,. and the balance, if any, ;: , of the proceeds devoted .:tce -the: improvement of a recreation. ilts to .be, known as "21eanor: Parke AND WHEREAS., EAS., the 'said 'wily S. Dixon is desirous upon her death to have theeincome' derived from the investment of the. tur chlase price of the.; property, :: sold . in San. Francisco ands future investments thereof; devoted to . the. ,purpose of `creating and -main- taining a recreation park on the following property now owned by the City of Palo_ Alto, to � wills Blocks 101, 302, ,... iC 10 , ,10? and 108 and z bd1.Vi:s`1 on lots one, two, three,' <faur, ` f'i.ve, . s -ix.. and seven, Flock . two (2) , lba :ark subdivision' of said City: .N07/ TEZI.M'Onelein ,consideration of the above premises, the 00 -anon of the ' City of`, Palo ..Uto.. does ,reao1ve to accept the trust deed and deed on Palo 'property above mrentioned, for tiaid city, and, that in consideration thereof";' the said council for and inbehalf Of .said ,oity, at, its :legislative body, does promise and apr ce with the said Emily 3. Dixon' to faithfully perform the following reservations and conditions of said gifts: (1) That the said, azily S. Dixon shall have the possess- ion, incomes, issues and. profits : during her life time of her ;come property situated in the eityeof' a1.o Alto and described in said deed. (2) That upon her death said home property ;hall- be sold by the City of Palo Alto, and, the sore of '420,000 invested in a memorial building to the. ,memory of leer departed dauahter, Nellie Pardee. That said memorial building shall be constructed < in: accord,.i.nce with a design to be :submitted by her and filed with the clerk of said city. (3) Mat the interest on the promissory note fore 575,000 being the purchase :pri:oo of the property above described located in the City of San Francisco, . shall be payable monthly in ..deence to the said anil3r 3. Dixon during her life time. (4) That upon the death of .rely 3. Dixon the interest or; the said promissory note mentioned in subdivision three (Z) above shall be payable to the City of Palo :Alto and afterwards when said. :note is paid the money shall, be invested by the City of Palo Alto and the rents and incomes derived' from said investment or re- in- vestments be forever payable to the City of Palo Alto (5) that the interest, rents and incomes payable to. the Flo Alto from the ,investment of the proceeds of the sale_ property in the City:eof Sax(';Francisco shall be held and the City ;of Palo_ :.Alto for -the :following purposes to wit: O.ty of of .said used by (al 0utof said incomes the City of Palo Alto shall. ps.y to Arthur L. Norton, nephew:_ of, said; J&lily S. Dixon, the stun of :;50.00 per :oath as long .as said Arthur D. Norton shall lice,. upon his death said sum sha11 be, payable to the City. the s'm of live, upkl. she yam of 1. ve, upon ever • (b) .And to Marion Clancy, grand -nee of wily S. Dixon, ;;50.00 per ..month„: as' 3.ong:::as said Marion Clancy shall. her death said sum :shall.-: be payable to the City. (0) And to Leaster Dase31;, grand -nephew of &Lily S. Dixon, 50.00 per month. `as iongas the said Lester lasell shall his death said . sum & all be payable to the City.` That the City' of Palo Alto . shall use all incomes of rind and nature derived. from the sale of the : San Francisco property;:_ nor the principal sum of 475,000 and all income, rents and pro i'ts deri ed out of reinvestments by the City of Palo Alto of `l.e said ;''75,000 fox the following purposes to wit: (1) . " tintaining, i, pro -ing and beautifying that certain .paw '':"t' e:. i : of Palo Tito to be known as "Eleanor Park" and iodated ipon, its 101,102 ,105 , 106 , 107 and, 108 and subdivision lots -one,, two;, three., four, five six and ,seven, Block two, f 2) , Alba Park, su' division of said City. That the consent of`s'i1y S. Dixon to this resolution paesed by. the Council shall. make the sane and its provisions for- ever.. bi idi,ng on. the City of Palo Alto, its' .successors and Emily S. Dixon; her''heirs or assigns, executors: or administrators. That M. ,A,.. „!rzchan, president of the "First National Bank of .Palo : b to' or hi, a `sucoes ,or,, as president of said bank, and Philip M Lansdale,. presiden.t of 'The Bank of Palo Alto", or his successor as:'president of that bank ,or in ease said banks or either should: change:; owner.shlp or' name, then the :president or presidents, as the case may,; be of the succeeding bank or`banks are appointed by Em11y*: 5., Dixon to see that the provisions of this 2rast are property carried out in accordance with the intent `:hereof - and tht said --representative :so appointed upon the partial Or fell, comp'etioz of the above provisions by the City of Palo i to shall file with Said .City;. of Palo.,.Alto an instrument in writing showing that said provisions ii part 'or or in whole have been complied with and said instrument shall' " be binding upon all persons. Thin .Last. provision has been added 't'o..this resolution b.. .and 'with the approval and consent of the Council of the City of Palo Alto and Emily S. Dixon. t `.'he above and foregoing resolution, was duly pissed at a z special meeti n,g: of the Council held on the 17th day of July, 1922, by -the io;;llowin vote: 1 Ayes: 3 ertsche,, Blair, Corbet, Easterday,, Eobart, Jordan, Mendenhall, Roller, Zho its. Noe. a uuone. Absent. Catho rt, Cooley, 1,austen, Thomas, dreg. L C. Molts ayor per tem TEE' CITY. Op :P 1,0 AZ TO Prank lia.sson 0lerk of theCity of Palo Alto 1, Bmi1y S. Dixon., approve the above resolution and in considere.taon of the covenants and promises made in the ±'o_ eaoi'g rreaolution have deeded the property mentioned in said resolution 1 to_ the City of Palo Alto for the purposes set ::- forth in said !resolution, Dated Palo': Alto `uly 1:7, 192'2. anily S. Dixon of the; the St of ;sal. emerze Jorda:�1 by t µ 4 Counci and :lie res olu' line o, line o Ave! e line o Strect that jl _ sec o-ot V a. i the re Y a vacF;? deferral to meets y l etio ,!. th aid d. 212.1, ni Z3C 2 ' : 14x: .'1 r.. ,Torlt;:, passed* An Ordinance ; .ez t,it1ed, "-An 4rdi nanc e of the Council of the City of- lc Alto 8flending urdinaszca x`'21;7 n.e.?atint to the Street work to ;bee dene ,the Departpemt of Public Works of said City*" was :lntrodueed and read and was passed as an ec^er ency ordinance `by unam mous vote on roll. call on motion of Jordan and :endenhal aesolut..on of ;;intention- as.sed. A resolution of Xntenti.on recom vended to the Council yy the Board of. abl;ic ,for)is.,. declaring the in,ten ti on of the Council to order ,certain :Street. work. done was .on motion of Zordan andMendenhall: passed 'by unanimous vote on roll call. Said resolution refers to the -following proposed. work: :eine of f line ox veraze. line of Street. That alma, Street be improved between the southeasterly Homer Avenue and the southeasterly line of Addison Avenue. `hat Cowper Street°. be improved between the southeasterly :i,ncoln Avcnue ; and, the Northeasterly :line of Kingslei, That Linr,:oln Avenue lee improved between the n:ortheaster1 :•:averley Street,. and the northeasterly line of Cowper De", :Ln:htion i Serve, .as., Couno,,.11man. W: letter :gas received• fron H. Clay Miller s -,;sting that Y .is private business ,interests would not zermtt him to cce-ot ..is election as a member of the ity Council. The Clerk .teas ' in,structec? to write ;r. Miller expressing the regret of the Council; that he is unable to serve. V .canon Declared. On Moti on oW orbe and Mendenhall it was declared that 7acancy existes in. ,the Ca ty Council by reason of the declen.atio .. . of :�, a ��.j( �j �yyyw /y of F. Vl y ' il,2a. erg_ to a,ocept his election o as f,,,ou nn,a' Zma . .. -- - t The election. of a ouncilman to fill such vacancy was deferred to J:,i ust 7th. 1922,, an :motion., of Jordanand `Carbet the Council adjourned: o meet on Monday _ , u,gus t .::. 7, x:92 2' , a t in vi.a�iber of the t{ ^ ' r ,P+.,.+r the �OTznw. CitY clerk Mayor pr o