Lease from Adam Malezewski to Oliver P. Robbins, August 6, 1872
Los Angeles County Recorder's Office, Leases, Book 3, pp. 109-113:
Malezewski to Robbins
This agreement made this sixth (6th) day of August A.D. 1872 between Adam Malezewski, party of the first part, and Oliver P. Robbins, party of the second part, both residents of the County of Los Angeles, California. Witnesseth, that for and in consideration of the sum of four thousand two hundred and fifty dollars ($4250.00) in United States gold coin to be to him paid by the party of the second part in manner as below specified, the party of the first pay hath bargained, sold, and assigned and hereby doth bargain, sell, assign and transfer unto the party of the second part, and passes into his immediate and absolute possession, all and whatsoever the personal property of every nature and description, on, about, and pertaining to the farm or rancho in said County on the San Francisco Rancho and whereon said party of the first part has heretofore resided and now resides and which is more particularly described in the lease of said rancho or farm hereinafter contained.
The said personal property hereby sold, comprising all the meat cattle being thirty three (33) head, four (4) horses (being all the horses on the place after the deduction and exception of two (2) head, hereinafter named, all the hogs, all the hay on hand, all farming and other tools and utensils, the entire stock of merchandise in the store on the premises, one (1) large wagon and the harnesses therefore, all the household and kitchen furniture of every description, and generally any and all unspecified personal property and chattels on and about and used on the premises. But saving and excepting from this sale and there are reserved therefrom the following animals and articles on said farm viz. - one lot of lumber, one buggy and the harness thereof, two (2) horses (leaving 4 to go in the sale), the private bedstand of the party of the first part with its bed and bedding, his clothes press or wardrobe, his guitar, his shot gun, and his personal wearing apparel and trunks. And the party of the first part for the consideration aforesaid agrees to put up immediately with reasonable despatch, a porch to the house on the premises from the said reserved lot of lumber, at his, the party of the first part, expense and cost, provide that the party of the second part shall board the carpenter employed while at work on such porch.
And for and in consideration of the foregoing, the party of the second part agrees and promises to pay the said $4250.00 the purchase money and price of said sale, in United States gold coin, into the banking house of Temple and Workman in Los Angeles City without grace as follows: six (6) installments of ($300) three hundred dollars each to be paid at intervals of one month hereafter, towit on September 6th, October 6th, November 6th, and December 6th 1872, and January 6th and February 6th 1873, and the residue of $2450.00 on March 6th 1873. Such deposits or payments to be made to the credit of, and subject to the order of, the party of the first part. And the party of the 2d part further agrees to furnish food and lodging to the carpenter employed on the aforesaid porch while occupied in the construction thereof.
And for and in consideration of the payments and agreements hereinafter specified to be to him made and performed, the party of the 1st part hath demised, leased, and letten and hereby doth demise, lease and to farm let unto the party of the second part for the term of three (3) years from and after the date hereof, the farm above mentioned, whereon the party of the first part resides, forming a part of the Rancho San Francisco, and situate in the County of Los Angeles, California, and containing three hundred and eighty one and two thirds acres (381 66/100) of land, and more particularly described by metes and bounds in a certain deed of conveyance thereof from the Philadelphia and California Petroleum Company to the party of the first part of date November 30th A.D. 1871 recorded in the office of the Recorder of said County in Book No. 18 of Deeds pages 444 to 446, to which deed and record thereof reference is hereby made for a more exact and particular description of the premises hereby leased, with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, with the reserve of the privilege to put and occupy at some convenient point thereon a small wooden house for the residence of the party of the 1st part and of the right of way, exit and entrance, over said leased premises for the convenent use of such house, and the enjoyment of the further right hereinafter contracted for.
And for and in consideration of the foregoing lease, and as rent of the premises, the party of the second part agrees and covenants to pay to the party of the first part, his heirs or assigns, the sum of seventy five dollars ($75.00) in United States gold coin per month during said term to be paid monthly at the end of each month reckoned from the date hereof, and also in case the same is desired by the party of the first part, to board him in a suitable and sufficient manner and in style as one of his own family, and to furnish feed of hay or grass, but not grain, for two horses, provided that if the bullion from Owens river ceases to come by the present route of transportation past the premises, and the Southern Pacific Rail Road does not before such change in the bullion transportation commence operations of constructing their road in the direction of San Fernando from Los Angeles, then $60 is and shall be substituted for $75 as the monthly payment of rent herein required from that time.
And the party of the second part doth hereby agree, covenant and promise that during this lease (and its renewal if any) he will not cut any timber on and from the premises for sale or market but only for necessary fuel to be used on the premises, and for such latter purpose, he will not cut thereon any oak nor sycamore, but willow and cottonwood only. And the party of the first part for himself, his heirs, and assigns doth covenant and agree that the party of the second part paying rent as aforesaid and performing the other conditions thereof on his part, shall and may during the term aforesaid, peaceable, and quietly have, hold, and enjoy the above leased premises and every part thereof without let or hindrance of the party of the first part, his heirs, executors, adminstrators or assigns, but if default shall be made in the payment of rent as aforesaid, after demand therefor or in any of the conditions herein undertaken and covenanted by the lessee, then it shall be lawful for the party of the first part, at once in his option, to rescind this lease and to reenter upon the premises as in his former estate removing therefrom the lessee and all claiming under him.
And the party of the second part doth covenant and promise that he will use and farm said premises in a prudent and careful manner and that at the expiration of said term (unless extension or new lease shall be made as hereinafter provided) he will deliver up peaceable and quiet, possession of the premises to the party of the first part, his heirs or assigns, reasonable use and wear, and acts of God excepted. And it is agreed and stipulated that if the lessor shall not elect to continue to lease the premises after the expiration of said three (3) years, he shall give written notice to that effect at least thirty days before such expiration, but if he shall choose to continue to lease the premises, then the party of the second part shall have the preference and privilege in his option to re-rent the premises on terms the most advantageous to the lessor of any other tenant offering.
In witness whereof the parties have hereunto set their hands and seals at Los Angeles the date at the beginning written.
Adam Malazewski
O.P. Robbins
State of California County of Los Angeles
On this seventh (7) day of August A.D. one thousand eight hundred and seventy two before me, A.W. Potts County Clerk and ex-officio Clerk of the County Court in and for said County, personally appeared Adam Malazewski and O.P. Robbins 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 the Seal of said Court in this County the day and year in this certificate first above written.
A.W. Potts, Clerk
by C.W. Gould, Deputy
A full, true and correct copy of the original recorded at request of Lessee August 7th 1872 at 30 min past 9 a.m.
A.W. Potts, Recorder
by C. W. Gould, Deputy
