This Indenture, made the 10th day of January, in the year of our Lord, one thousand nine hundred and five,
Between James W. Robertson, an unmarried man, of the Town of Co-vina, County of Los Angeles, State of California, the party of the first part, and Joseph D. Wiggins, of said County and State, the party of the second part;
Whereas, In a certain deed of conveyance, dated the 10th day of December, 1904, made by and between the parties hereto, and recorded in the office of the County Recorder of the County of Los Angeles, in Book 1304 of Deeds, at page 326, the lands hereinafter mentioned are described las being in Township One North, Range Two West, instead of in Range Twenty-six (26) West, as hereinafter set forth; and
Whereas, To prevent difficulties hereafter, it is expedient to correct said error:
Now, Therefore, This Indenture
Witnesseth : That the said party of the first part, for and in consideration of the sum of Four Hundred Dollars ($400), gold coin of the United States of America, to him in hand paid by said party of the second part, the receipt whereof is hereby acknowledged,
(e) Operative Words.
does by these presents grant, bargain and sell, convey and confirm unto the said party of the second part, and to his heirs and assigns forever,
all that certain lot, piece or parcel, of land situate, lying and being in the County of Los Angeles, State of California, and bounded and particularly described as follows, to-wit:
The Northwest one-quarter of the Southeast one-quarter (N. W. ¼ of S. E. ¼) of Section Eighteen (18), Township One (1) North of Range Twenty-six (26), West of San Bernardino Base and Meridian, containing forty (40) acres, according to the Government survey thereof, be the same more or less:
(g) Reservation (called the "Reddendum").
Excepting from the operation of this conveyance, and reserving unto said party of the first part, his heirs and assigns, out of the land hereinabove described and hereby conveyed, the right, privilege and easement of entering in and upon so much of said land as may be necessary, and therein to lay, operate and maintain a pipe line and pumping plant for the purpose of conducting and transporting water from a certain artesian well near the northeast corner of said lands, and of supplying said water to the occupants of other lands in said Section 18, now belonging to said party of the first part, so long as such other lands to be supplied with water as aforesaid shall belong to said party of the first part, or his legal representatives.
Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof.
To Have and to Hold, all and singular the said premises, together with the appurtenances, unto the said party of the second part, and to his heirs and assigns forever.
(1) This conveyance is made upon the EXPRESS CONDITION that the grantee herein shall, as a part of the consideration, assume and pay on or before maturity, a certain note in the sum of $900, dated November 12th, 1903, in favor of the Union Bank of Savings, of Los Angeles, California, secured by a mortgage on the premises hereby conveyed, which said mortgage and the debt thereby secured, the grantee herein, by the acceptance of this conveyance, agrees to fully pay, satisfy and discharge, and to keep and save harmless the said grantor, his heirs and assigns, of and from all personal liability therefor, or in connection therewith, including deficiency judgments; and on the further condition that said grantee shall pay all taxes levied or assessed against said premises for the fiscal year 1905-06.
(2) This conveyance is made upon the FURTHER EXPRESS CONDITION that neither the said grantee, his heirs, executors, administrators or assigns, nor those claiming under them, shall ever manufacture, sell or dispose of, or permit the sale, manufacture or disposal of, spirituous or intoxicating liquors in any place of public resort on any portion of the premises hereinabove described; and in case said condition is broken by said grantee, his heirs, executors, administrators, assigns or legal representatives, or those claiming under them, then and in that case the title to the premises hereby conveyed shall immediately revert to and vest again in the grantor herein, the same as though this deed had never been executed; and the said grantee, by the acceptance of this deed, hereby accepts and assents to and agrees to keep unbroken the conditions hereinabove set forth. (j) Covenant of Seisin.
And the said party of the first part, for his heirs, executors and administrators, does covenant, grant and agree to and with the said party of the second part, his heirs and assigns, that the said party of the first part, at the time of the sealing and delivery of these presents, is lawfully seized in fee simple absolute of and in all and singular the above granted and described premises, with the appurtenances;
(k) Covenant of Right to Convey.
and has good right, full power and lawful authority, to grant, bargain, sell and convey the same, in manner aforesaid;
(I) Covenant Against Grantor's Own Acts.
And said party of the first part, for himself and his heirs, executors and administrators, does hereby covenant and agree to and with said party of the second part, his heirs, executors, administrators and assigns, that he has not made, done, committed, executed or suffered, any act or acts, thing or things whatsoever, whereby or by means whereof the said premises, or any part or parcel thereof, now are, or at any time hereafter shall, or may, be impeached, charged or incumbered, in any manner or way whatsoever. (m) Covenant Against Incumbrances.