Central Pacific Railroad Company: deeds

Deed No. 2548 New Series.

Central Pacific Railroad Co.

James O'B. Gunn and Silas W Sanderson

Trustees

To

Ira Avery

DEED

Dated 1st September 1880

NW 1/3 of SE 1/4 Sec 5 T 16 N.R. 12 E. M.D.M in Placer Co Cal 40 Acres

Deed No. 2548 New Series.

To all to Whom these Presents shall Come: the Central Pacific Railroad Company a Corporation duly incorporated and organized under the laws of the State of California and James OB Gunn of the City of Oakland County of Alameda State of California Trustees of all the lands of the said Central PAcific Railroad Company lying in the states of California and Nevada and the Territory of Utah which remained unsold on the first day of October A.D. 1870 send Greeting:

Whereas on the first day of October A.D. 1870 the said Central Pacific Railroad Company conveyed all its lands lying in the States of California and Nevada and the Territory of Utah then unsold of which the land hereinafter described were and are a part to Charles Crocker and Silas W. Sanderson to hold in trust as security for the payment of Ten Thousand Bonds for the sum of One tHousand Dollars each dated on the first day of October A.D 1870 and payable to twenty years form date with interest at the rate of six per cent per annum made and issued by the said Central pacific Railroad Company.

And whereas said deed of Trust amount other matters provided that the said Central Pacific Railroad COmpany should have the sole and exclusive control and management of said lands with full power to make sales of the same upon such terms and conditions as might from time to time be agreed upon between the said Railroad company and the said Trustees: and that when such sales had been made and the purchase money fully paid the said COmpany and the said Trustees should unite in a conveyance in fee simple of the lands so sold to the purchase or purchasers thereof which conveyance should absolutely and forever release the lands so conveyed from any and all lien or incumbrance for or an account of said Bonds or any other bent or obligations of the said Railroad Company:

And where on the 14th day of Agust 1871 Charles Crocker one of the Trustees being about to depart from the State of California to be absent for an indefinite period did resign his trust understand conveyance of the first of October 1870: and whereas on the 15th day of August 1871 the said Silas W. Sanderson the remaining Trustee under said conveyance did pursuant to the terms of his trust nominate Mark Hopkins of the City of Sacramento and State of California to fill the a vacancy caused by the destination of said Charles Crocker: and whereas on the 21st day of Agust 1871 the Board of Directors of the said Central PAcific Railroad Company pursuant to the terms of said trust did ratify and approve said nomination and did appoint said Mark Hopkins to fill said vacancy:

And Whereas subsequently to wit on the 29th day of March 1878 said Mark Hopkins depart this life: and whereas on the second day of April 1878 Silas W. Sanderson the surviving Trustee under said conveyance did pursuant to the terms and conditions thereof nominate David D Colton of the City of County of San Francisco and State of California to fill the vacancy caused by the death of said Mark Hopkins: and whereas on the third day of April 1878 the Board of Directors of said Central Pacific Railroad Company Pursuant to the terms of said conveyance did ratify and approve said nomination and did appoint said David D Colton to fill said vacancy:

And Whereas Subsequently to wit on the 9th day of October 1878 said David D. Colton departed this life and whereas on the twenty-eight day of October 1878 Silas W Sanderson the surviving Trustee under said conveyance did pursuant to the terms and conditions thereof nominate James O'B Gunn of the City of Oakland and County of Alameda and State of California to fill the vacancy caused by the death of said David D. Coldon and whereas on the thirteenth day of November, 1878 the Board of Directors of said Central Pacific Railroad Company pursuant to the terms of said conveyance did ratify and approve said nomination and did appoint said James O'B Gunn to fill said vacancy:

And whereas The said Railraod Company has sold the lands hereinafter described pursuant to the foregoing conditions to Ira Avery for the sum of Two hundred ($200) Dollars which sum has been by him full paid to the said James OB Gunn and Silas W Sanderson Trustees as aforesaid:

Two Hundred ($200) dollars the receipt whereof is hereby acknowledged the said Central Pacific Railroad Company and the said James OB Gunn and Silas W Sanderson. Trustees as aforesaid do grant bargain sell and convey to the said Ira Avery and his heirs and assigns the following described tract of land situate lying and being in the County of Placer and State of California to wit: The North East Quarter of the South East quarter (Ne 1/4 and SE 1/4) of Section No. Five (5) in Township sixteen (16) north of Range Twelve (12) East, Mount Diablo and meridian containing Forty (40) acres according to the United States surveys together with all the privileges and appurtenances thereunto appertaining and belonging. Reserving however all claim of the United States to the same as mineral land.

To have and to hold the aforesaid premises to the said Ira Avery his heirs and assigns to his and their use and behoof forever.

In testimony Whereof The said Central Pacific Railroad Company has caused those presents to be signed by its President and Secretary and seals with its Corporate Seal; and the said James OB Gunn and Silas W Sanderson Trustees have subscribed their names and affixed their Seals this First (1st) day of September AD 1880.

Leland Stanford PRest C.P.R.R CO

EH Miller Jr Secy C.P.R.R. Co

Jas Ms [Liuu?]

John Smith

Filled for record at request of N.H. Karchner July 9th 1884 min past 9 oclock A.M. and duly recorded in book E of [Patento?] 465 and 366 Placer COunty Records J Meyer PF

(4-405.) The United States of America

Homestead Certificate No. 1564 Application 2018

To all to whom these presents shall come, Greeting:

Whereas There has been deposited in the General Land office of the United States a Certificate of the Register of the Land office at Sacramento California whereby it appears that pursuant to the Act of Congress approved 20th May 1862 "To secure Homesteads to Actual Settlers on the Public Domain" and the acts supplemental thereto the claim of John Smith has been established and duly consummated in conformity to the law for the north half of the north east quarter of section four in township thirteen north of range six east of Mount Diablo Meridian in California containing eighty acres according to the Offical Plat of the Survey of the said Land returned to the GENERAL LAND OFFICES by the Surveyor General:

Now know ew that there is therefore granted by the United States unto the said John Smith the tract of Land Above described: To have and to hold the said tract of land with the appurtenances thereof unto the said John Smith and to his heirs and assigns forever subject to any vested and accrued water rights for mining agricultural manufacturing or other purposes and rights to ditches and reservoirs used in connection with such water rights to any vested and accrued water rights for mining agricultural manufacturing or other purposes and rights to ditches and reservoirs used in or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted as provided by law.

In testimony whereof I Chester A Artuher President of the United States of America have caused these letters to be made Patent and the seal of the General Land Office to be hereunto affixed.

Given under my hand at the City of Washington, the Twenty-fifth day of July in the year of our Lord one thousand eight hundred and eighty two and of the Independence of the United States the one hundred and seventh

By the President: Chester A Arthur

O.L. Judd Asst Secretary

[LLarriou?] Recorder of the General Land Office

ad [mheroou?]