Wiley, Everts, Tousley to Jazynski, March 21, 1865
Los Angeles County Recorder Records
Miscellaneous Book 1, pp. 167-169
Wiley, Everts, Tousley to Jazynski
This indenture, made the 21st day of March on thousand eight hundred and sixty-five, between Henry C. Wiley, Darius Tousley by Henry C. Wiley his attorney in fact, and Myron E. Everts by Henry C. Wiley his attorney of fact, parties of the first part, and Lewis Jazinsky, party of the second part. Witnesseth that the said parties of the first part for and in consideration of the sum of one dollar to them in hand paid by the party of the second part the receipt whereof is hereby acknowledged and of the covenants and promises of the party of the second part herein contained have granted bargained and sold and by these presents do hereby grant, bargain and sell unto the party of the second part, his heirs and assigns, forever, all the oil petroleum, naptha, asphaltum, pitch, coal and other substances containing or producing oil by whatever name they may be called or properly designated, upon the following lands to wit: a certain possessory claim now occupied by Darius Tousley in Township 3 North Range 16 West San Bernardino Meridian. Also a certain claim, now owned and possessed by Myron E. Everts in Township 3 North Range 16 West San Bernardino Meridian.
Also that other certain other possessory claim now owned and occupied by Henry C. Wiley, situate in Township 3 North Range 16 West, of San Bernardino Meridian, all lying and being within the County of Los Angeles, State of California, together with all right, interest, claim, and demand of the parties of the 1st part in and to certain mining claims laid by them upon the petroleum or oil springs known as Wiley Springs and Tousley Springs situated upon said above described premises and all the right privilege and easements necessary to take away and remove to the use and benefit of the party of the second part, his heirs and assigns, all the substance aforesaid, and at all times to enter upon said premises with their servants, agents, and associates to prospect, search, and dig for said substances and to extract, work, and remove the same, to use, occupy, and possess all of such premises as may be necessary to erect shop houses and machinery to carry out said prospecting, boring, and removing, said substances. And the said party of the second part in consideration of the premises doth hereby covenant, promise, and agree with the parties of the first part, their heirs, and assigns as follows.
1st: That within thirty days from this date he will pay or cause to be paid to the said parties of the first part the sum of one thousand dollars in United States gold coin at the office of Getchell & Chapman in the City of Los Angeles for which said sum he has this day given his promissory note.
2nd: That within the period of eight months from the date hereof, he will commence to search and dig for and bore artesian wells for the before mentioned substances and will prosecute the same without unnecessary delay at his own proper costs and charges upon the premises above described (provided that he is not enjoined or prevented from working the same by any party or parties claiming title to said property) and should said substances be found he will pay to the said parties of the first part on tenth of the same in a crude state at the well from which it is extracted, the said parties of the first part furnishing at the well or wells casks to contain their said on tenth.
3rd: That he (the party of the second part) will at the cost of forty dollars per month keep a man in possession of the before described premises until such time as he, or his assigns, shall commence to dig or bore for such substances as aforesaid, and if failure be made in any of the foregoing conditions, then this contract to be null and void, otherwise to remain in full force and effect.
In witness whereof we have hereunto set out hands and seals that day and year first above written.
(Signed, sealed and delivered in the presence of)
H. C. Wiley
Darius Tousley by H. C. Wiley his attorney in fact
Myron E. Everts by H. C. Wiley his attorney in fact
L. Jazynsky
State of California
County of Los Angeles
On this twenty first day of March A.D. on thousand eight hundred and sixty five before me O. Morgan, a notary Public in and for said County of Los Angeles duly commissioned and sworn, personally appeared the within named H. C. Wiley and L. Jazynsky 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 who acknowledged to me that they executed the same freely and voluntarily and for the uses and purposes therein mentioned. In witness whereof I have herunto set my hand and affixed my official seal, the day and year in this Certificate first above written.
O. Morgan
Notary Public
State of California
County of Los Angeles
On this twenty first day of March A.D. on thousand eight hundred and sixty five before me O. Morgan, a notary Public in and for said County of Los Angeles duly commissioned and sworn, personally appeared H. C. Wiley personally known to me to be the same person described in and who executed by power of attorney the annexed Instrument as the attorney in fact of Darius Tousley and Myron E. Everts named in the annexed Instrument as parties thereto and therein described as the parties executing the same by their said attorney and the said H. C. Wiley acknowledged to me that he executed the same freely and voluntarily as and for the act and deed of the said Darius Tousley and Myron E. Everts and for the uses and purposes therein mentioned. In witness whereof I have herunto set my hand and affixed my official seal, the day and year in this Certificate first above written.
O. Morgan
Notary Public
A full, true, and correct copy of the original recorded this 21st day of March A.D. 1865 at 2 hrs, 15 min., at request of Lewis Jazynsky.
T.D. Mott Recorder
by S.H. Mott Deputy
