Deed from Sanford Lyon to A. Malezewski, December 2, 1869

Los Angeles County Recorder's Office, Deeds, Book 14, pp. 161-163:

Sanford Lyon to A. Malezewski

This indenture made this second day of December A.D. 1869, between Sanford Lyon of the County of Los Angeles State of California, party of the first part, and Adam Malezewski, of the County of Los Angeles. State aforesaid party of the second part, Witnesseth that the party of the first part for and in consideration of the sum of five dollars, gold coin of the United States to him in hand paid by the party of the second part, at or before, the unsealing and delivery of these presents, and the receipt whereof is hereby acknowledged, hath granted, bargained, sold and conveyed, and hereby doth grant, bargain, sell, convey and confirm, unto the party of the second part, his heirs, and assigns forever.

All that certain piece, parcel or tract of land lying in and being a part of the Rancho de San Francisco in the County of Los Angeles, State of California, said parcel being described as follows to wit: Beginning at an oak tree marked with a cross near the road leading from Los Angeles to Soledad and Clear Creek in the San Fernando Pass, the same being Station No 5 of the official survey of said Rancho made by Henry Hancock Deputy Surveyor in December 1858, and running thence north 770 west twenty four 65/100 chains to a point. Thence north 22 deg 46 min west twenty one 28/100 chains to a point. Thence north 10 deg 13 min east fifty four 48/100 chains to Station 4 from which an oak tree marked B.T. 3 in a small canyon bears south 75 deg 52 min east two 54/100 chains. Thence north 79 deg 48 min west twenty four 79/100 chains to sycamore tree marked No 4 at the head of a small canyon. Thence north 38 deg 30 sec east forty chains to Station from which an oak tree marked B.T. 5 bears south 38 deg 30 min west seven 95/100 chains. Thence south 48 deg 02 min east fifty three 18/100 chains to a post marked No 6. Thence north 86 deg east six 04/100 chains to small sycamore tree marked No 7. Thence south 8 deg east ten 40/100 chains to a post marked No. 8. Thence west seven 77/100 chains to post and mound of rocks. Thence south 23 deg 41 sec west twenty eight 10/100 chains to Station on high bluffs. Thence south 6 1/2 deg west forty 91/100 chains to place of beginning, and containing three hundred and eighty one 66/100 acres, and being the same land conveyed to the party of the first part by the Philadelphia and California Petroleum Company of date November 30 A.D. 1868, and recorded in Book No 11 of Deeds.

And also all the right, title, and interest of the party of the first part in, and to, said Rancho or against his grantees in the same, acquired and divided by him or to his heirs after vested in him by, and under, a certain deed to him from the Philadelphia and California Petroleum Company dated November 30th A.D. 1868 and recorded in the office of the County Recorder of Los Angeles County in Book No 11 of Deeds page 534 et seq. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. To have and to hold the above bargained and described premises and every part and parcel thereof, with the appentenances unto the part of the second part, his heirs and assigns forever, to used for his and their sole and only use, benefit, and behoof forever, subject only to a certain mortgage of date November 30th A.D. 1868 executed by the party of the first part to the Philadelphia and California Petroleum Company for the sum of one thousand dollars and interest, recorded in the aforesaid Office in Book No 5 of Mortgages page 406.

And for and in consideration of the foregoing conveyance, and of one dollar, lawful money of the United States to him in hand paid by the party of the first part the receipt whereof is hereby acknowledged the party of the second part thereby demises, grants, and lets unto the party of the first part, for the term of two years from the date hereof, without further rent, the entire premises as heretofore described. And for and in consideration of the further sum of one dollar, lawfull money of the United States, to him in hand paid by the party of the first part, the receipt whereof is hereby acknowledged, and for the consideration of the friendship and regard shone by him towards the party of the first part, and his desire for the welfare and advancement of said Lyon, and to ensure during the said Malezewsky life a home to said Lyon, the party of the second part hereby covenants and agrees that he will not, at any time during the joint lives of the parties hereto, sell, alien, mortgage, encumber, lease, or otherwise dispose of the said premises, or any part thereof, to any third person or persons, or corporation, and that at all times during their joint lives of the parties, the say Lyon, paying therefor a rent of one dollar per annum, may have and occupy a house, for his dwelling and residence on said permises, with so much of the said lands as the party of the second part shall not use and occupy personally.

And for the consideration of the said privileges of use and occupation, the party of the first part covenants and agrees that he will not at any time during the joint lives of the hereto, sell, alien, mortgage, encumber, lease, or otherwise dispose of the said premises, or of any part thereof, to any third person or persons or corporation. And that at all times during their joint lives of the parties, the said Lyon, paying therefor a rent of one dollar per annum, may have and occupy a house, for his dwelling and residence on said premises, with so much of the said lands as the party of the second part shall not use and occupy personally. And for the consideration of the said privileges of use and occupation, the party of the first part covenants and agrees to pay rent therefor at the rates aforesaid. And all times to recognise the party of the second part as his landlord and as the owner of the legal title to said lands.

At any time when so required by the party of the second part, to execute any further acknowledgement of tendancy or deferance to secure him in said legal title. And at the death of said party of the second part to quit and surrender peaceable and quietly, possession of the premises and every part thereof to the heirs, devisees or representatives of the party of the second part on demand. And it is distinctly understood, agreed, and covenanted by and between the parties, and express and positive reserve is hereby made by the party of the second part to this effect that the previleges of use and occupation above conceeded to said Lyon, are and shall be a personal contract owning to him only in no event to be assignable by him, or to decend, to his heirs or devisees or other representatives.

In witness whereof the parties of the first and second parts have hereunto set their hands and seals on the day and year first above written.
Sanford Lyon Adam Malezewski

Signed, Sealed, and Delivered in presence of Joseph Huber Jr.

State of California, County of Los Angeles
On this second day of December A.D. one thousand eight hundred and sixty nine before me Joseph Huber Jr, a notary public in and for said County duly commissioned and sworn personally, appeared the within named Sanford Lyon and Adam Malezewski whose names are subscribed to the annexed Instrument as parties thereto, personally known to me to be the individuals described in and who executed the said annexed instrument, and they acknowledged to me that they executed the same freely and voluntarily and for the uses and purposes therein mentioned. In witness whereof I have hereunto set my hand and affixed by official seal, the day and year in this certificate first above written.
Joseph Huber Jr
Notary Public, Los Angeles County, Cal.

A full, true and correct copy of the original recorded this the 3rd day of Dec 1869 at 11 hrs & 30 mins A.M. at request of J. Huber.
Thomas D. Mott, recorder
by J.W. Gillette, deputy