HomeMy WebLinkAboutJames, Duncan 2004-03-15 � F LAW OFFICE OF DUNCAN M.JAMES ORTINAL
LAMBSINN
P.O.BOX 1381
DUNCAN M.JAMES 445 NORTH STATE STREET
DAv D M.KiNDOPP UKIAH,CALIFORNIA 95482 OF COUNSEL
DONALD J.MCMULLEN (707)468-9271 JOSEPH JOHN TURR!
FAX (707)468-0453
lavitoffice@duncanjames.com
March 15, 2004
Charles Stump, Planning Director MAR l 6 2004
City of Ukiah LL
300 Seminary Ave. CITY OF UKIAH
Ukiah, CA 95482 CITYCLFRK'S DEPARTMENT
Re: Ukiah Municipal Airport
Building and Land Use Guidelines
Dear Mr. Stump:
I am forwarding you this letter in response to your"Notice of Public Hearing" that is
scheduled for Wednesday, March 17, 2004, regarding the above subject. In submitting this
letter, I would like to place you on notice that my client is extremely concerned about the over
regulation of property by the city and the fact the rights of the landowners too often ignored. It is
my clients opinion that since the Ukiah Valley was formerly part of a Mexican land grant, that
any actions taken by either the city or county within the boundaries of that grant are restricted.
In support of my comments, I would like to bring several items to your attention. The
Ukiah Municipal Airport and most of the Ukiah Valley is part of a tract of land that was formerly
known as "Yokaya" (now commonly but erroneously called "Yokayo"). The original grant is
described as being"eight square leagues, more or less on the tract known by the name Yokaya,
to the northwest of Sonoma, some thirty leagues therefrom, bounded by the Citizens Fernando
Feliz on the South and "the Indian tribes in the other directions." The property was granted to
Cayetano Juarez on May 24, 1845, by Pio Pico, the"Senior member of the Honorable
Departmental Assembly of the Californias". The only restrictions provided for in the land
patent relate to crossings, roads and servitudes. The land patent provides:
"He may enclose it, without prejudice to the crossings, roads and
servitudes; he shall enjoy it freely and exclusively devoting it to the use of
cultivation that may be most convenient.
"The nature and effect of the patent issued pursuant to the Act of 1851 has been well
described by both the United States and California Supreme Courts. The patent of the
government is evidence of title and is conclusive against the government and all persons
claiming under it. The patent is a deed of the United States and operates as a quit claim of any
interest the United States may have reserved in the land. It establishes in the grantee full and
complete title to the property. (Beard v. Federy(1866) 70 U.S. (3 Wall.) 478, 18 L.Ed. 88;
Teschemacher v. Thompson (1861) 18 Cal. 1 l.)" (City of Los Angeles v. Venice Peninsula
f
Charles Stump, Planning Director
City of Ukiah
March 15, 2004
Page 2of5
Properties (1988) 205 Cal.App.3d 1522, 1530.) "California never acquired sovereign title to
land which was the subject of a prior grant by the Mexican government." (1d., at page 1532.)
"The California Legislature has clearly recognized the highly protected status of the
Mexican land grant [...]" (1d., at page 1533.) In describing the purpose of the Act, the
California Supreme Court stated: "it was certainly the purpose of the Act of 1851 to give repose
to titles. It was enacted not only to fulfil [sic]our treaty obligations to individuals, but to settle
and define what portion of the acquired territory was public demain [sic]. It not only permitted
but required all claims to be presented to the board, and barred all from future assertion which
were not presented within two years after the date of the act. § 13. The jurisdiction of the board
was necessarily commensurate with the purposes of its creation, and it was a jurisdiction to
decide rightly or wrongly." (Barker v. Harvey(1901) 21 S.Ct. 690, 693, 181 U.S. 481, 490, 45
L.Ed. 963.)
According to the land patent issued to Cayetano Juarez, "pursuant to the provisions of the
Act of Congress approved the third day of March, one thousand eight hundred and fifty-one,
entitled "An Act to ascertain and settle the Private Land Claims in the State of California,
Cayetano Juarez as claimant, filed his petition on the 1 I1h day of September, 1852, with the
Commissioners to ascertain and settle the Private Land Claims in the State of California, sitting
as a Board in the City of Los Angeles, in which petition he claimed the confirmation of his title
to a tract of land called `Yokaya' containing [...I eight square leagues, situated in the county of
Mendocino and State aforesaid, said claim being founded on a Mexican grant to the petitioner,
made on the 241h day of May, 1845, bey Pio Pico, then Governor of California, and approved by
the Departmental Assembly on the 3 day of June, 1846." (Emphasis added.) The patent goes
on to provide that"District Court of the United States for the Northern District of California on
the 17"' day of April, 1863, and it was "ordered, adjudged and decreed that the claim of the said
Cayetano Juarez is a good and valid claim."
In Suma Corporation v. California ex. Rel. State and Commission (1984)467 U.S. 1231,
104 S.Ct. 1751, 80 L.Ed.2d 237 the State of California asserted a right to a"public trust
easement over tidelands property owned by persons whose predecessors-in-interest had had their
interest confirmed without mention of such an easement in federal patent proceedings taken
pursuant to Act of 1851." (Suma Corporation v. California, supra, 104 S.Ct. at p. 1758.) The
Act of 1851 was the method by which persons claiming lands in California by virtue of right of
title derived from Spanish or Mexican government were determined. The facts underlying the
creation of the patent in Suma, supra, are very similar to the grant to Cayetano Juarez which
created "Yokaya". So much so that in Suma, supra, the patent included a provision identical to
one included in the patent issued to Cayetano Juarez that the grantees may enclose the property
"without prejudice to the traversing roads and servitudes."
i
Charles Stump, Planning Director
City of Ukiah
March 15, 2004
Page 3 of 5
In its recitation of the facts in Suma, supra, the United States Supreme Court stated that:
"(The] lagoon became part of the United States following the war with Mexico, which was
formally ended by the Treaty of Guadalupe Hidalgo in 1848. Petitioner's predecessors-in-
interest had their interest in the lagoon confirmed in federal patent proceedings pursuant to an
1851 Act that had been enacted to implement the treaty, and that provided that the validity of
claims to California lands would be decided according to Mexican law. California made no
claim to any interest in the lagoon at the time of the patent proceedings, and no mention was
made of any such interest in the patent that was issued." (Suma Corporation v. California, supra,
104 S.Ct. at p. 1752.)
In discussing the history of the creation of the patents and the Treaty of Guadalupe
Hidalgo, the court stated: "To fulfill its obligations under the Treaty of Guadalupe Hidalgo and
to provide for an orderly settlement of Mexican land claims, Congress passed the Act of March
3, 1851, setting up a comprehensive claims settlement procedure. Under the terms of the Act, a
Board of Land Commissioners was established with the power to decide the rights of`each and
every person claiming lands in California by virtue of any right or title derived from the Spanish
or Mexican government....' Act of Mar. 3, 1851, § 8, ch. 41, 9 Stat. 632. The Board was to
decide the validity of any claim according to `the laws, usages, and customs' of Mexico, § 11,
while parties before the Board had the right to appeal to the District Court for a de novo
determination of their rights, § 9; Grisar v. McDowell, 6 Wall. 363, 375, 18 L.Ed. 863 (1867),
and to appeal to this Court, § 10. Claimants were required to present their claims within two
years, however, or have their claims barred. § 13; see Botiller v. Dominguez, supra. The final
decree of the Board, or any patent issued under the Act, was also a conclusive adjudication of the
rights of the claimant as against the United States, but not against the interests of third parties
with superior titles. § 15." (Suma Corporation v. California, supra, 104 U.S. at pp. 1754-1755.)
The court went on to state: "The question we face is whether a property interest so
substantially in derogation of the fee interest patented to petitioner's predecessors can survive the
patent proceedings conducted pursuant to the statute implementing the Treaty of Guadalupe
Hidalgo. We think it cannot. The Federal Government, of course, cannot dispose of a right
possessed by the State under the equal-footing doctrine of the United States Constitution.
Pollard's Lessee v. Hagan, 3 How. 212, 11 L.Ed. 565 (1845). Thus, an ordinary federal patent
purporting to convey tidelands located within a State to a private individual is invalid, since the
United States holds such tidelands only in trust for the State. Borax, Ltd. v. Los Angeles, 296
U.S. I0, 15-16, 56 S.Ct. 23, 25-26, 80 L.Ed. 9 (1935).) But the Court in Borax recognized that a
different result would follow if the private lands had been patented under the 1851 Act. Id., at 19,
56 S.Ct. at 27. Patents confirmed under the authority of the 1851 Act were issued `pursuant to
the authority reserved to the United States to enable it to discharge its international duty with
v
Charles Stump, Planning Director
City of Ukiah
March 15, 2004
Page 4 of 5
respect to land which, although tideland, had not passed to the State.' (1d., at 21, 56 S.Ct. at 28.
See also Oregon ex rel. State Land Board v. Corvallis Sand& Gravel Co., 429 U.S. 363, 375, 97
S.Ct. 582, 589, 50 L.Ed.2d 550 (1977); Knight v. United States Land Assn., 142 U.S. 161, 12
S.Ct. 258, 35 L.Ed. 974 (1891).) ¶ This fundamental distinction reflects an important aspect of
the 1851 Act enacted by Congress. While the 1851 Act was intended to implement this country's
obligations under the Treaty of Guadalupe Hidalgo, the 1851 Act also served an overriding
purpose of providing repose to land titles that originated with Mexican grants. As the Court
noted in Peralta v. United States, 3 Wall. 434, 18 L.Ed. 221 (1866), the territory in California
was undergoing a period of rapid development and exploitation, primarily as a result of the
finding of gold at Sutter's Mill in 1848. See generally J. Caughey, California 238-255 (2d ed.
1953). It was essential to determine which lands were private property and which lands were in
the public domain in order that interested parties could determine what land was available from
the Government. The 1851 Act was intended `to place the titles to land in California upon a
stable foundation, and to give the parties who possess them an opportunity of placing them on
the records of this country, in a manner and form that will prevent future controversy.' Fremont
v. United States, 17 How. 542, 553-554, 15 L.Ed. 241 (1855); accord, Thompson v. Los Angeles
Farming Co., 180 U.S. 72, 77, 21 S.Ct. 289, 291, 45 L.Ed. 432 (1901)." (Suma Corporation v.
California, supra, 104 S.Ct. at pp. 1756-1757.)
Thereafter the United States Supreme Court concluded:
"We hold that California cannot at this late date assert its public trust
easement over petitioner's property, when petitioner's predecessors-in-
interest had their interest confirmed without any mention of such an
easement in proceedings taken pursuant to the Act of 1851. The interest
claimed by California is one of such substantial magnitude that regardless
of the fact that the claim is asserted by the State in its sovereign capacity,
this interest, like the Indian claims made in Barker and in United States v.
Title Ins. & Trust Co., must have been presented in the patent proceeding
or be barred." (1d., at p. 1758. Blue emphasis added.)
It is my clients position that the city's right to regulate any real property within the area
described as"Yokaya" is restricted as a result of the land patent because neither the State of
California or County of Mendocino asserted their rights in the patent proceedings. Therefore,
successors in interest to Cayetano Juarez are entitled to freely enjoy and devote the use of the
land to the use they find to be most convenient without any interference from any government
entity, whether it be City, County or State.
Charles Stump, Planning Director
City of Ukiah
March 15, 2004
Page 5 of 5
For your convenience I have included a copy of the map for the area known as "Yokaya';
a summary of the patent proceedings; and, the patent.
er truly yours,
AN M. AMES
Cc: Client
City Council
Board of Supervisors
Press Democrat
Ukiah Daily Journal
PROCEEDINGS
Instituted by the Citizen, Cayetano Juarez, petitioning for the place called
Yokaya.
452
Excellent Sir
1, the Citizen Cayetano Juarez, a Mexican, area located on the frontier of Sonoma
Alta California, before Your Excellency respectfully represent; that two square leagues
have been conceded to me by the Departmental Government, since three years time, and
as my stock have increased the land that I occupy, is not sufficient for the same; I pray
Your Excellency, to be pleased to grant me eight square leagues, more or less on the tract
known by the name of Yokaya, to the northwest of Sonoma, some thirty leagues
therefrom, bounded by the Citizens Fernando Feliz on the South, and the Indian tribes in
the other directions.
Wherefore, I pray Your Excellency to be pleased to grant my petition in view of
my large family in which I will receive favor.
Sonoma, April 8, 1845
Cayetano Juarez
Admitting this on common paper for want of the corresponding sealed paper.
Angeles, May 241h, 1845
There is granted to the petitioner, the land for which he petitions; let the
corresponding title issue. The Governor of the Department has ordered cleared and
signed.
Pio Pico
Marano G. Vallejo, Colonel of Calvary, certifies: That the land named Yokaya, in
the neighborhood of Mendocino, and thirty leagues distant from this place, is vacant, and
does not pertain to the property of any individual; and for the necessary funds, I give this
at the request of the Ex Alcalde of Sonoma on the 81" of April 1845.
M.G. Vallejo
This title remains registered in the respective book.
Angeles, May 8'h, 1846
In the session of today, this Expediente was submitted to the Most Excellent
Departmental Assembly, and referred to the Committee on vacant lands.
Pio Pico President
Augustine Olivera D.S.
Senor
The Committee on vacant lands having carefully examined the Expediente
instituted by the Citizen Cayetano Juarez, in relation to the place of Yokaya, which was
granted to him by the Superior Government of this Department in accordance with the
laws on the subject; wherefore, the Committee submit for the deliberation of Your
Excellency the following prospectus.
The concession of made to the Citizen Cayetano Juarez of the place of Yokaya, in
the neighborhood of Cape Mendocino, in the jurisdiction of Sonoma of the extent of eight
square leagues, as shown by the title issued on the 24'h of May of the last year, in
accordance with the law of the 18'h of August 1824, and Article 5 of the Regulations of
the 21 S'of November 1828.
Chamber of the Committee in the City of Los Angeles, May 261h, 1846.
S. Anguello
Angeles, June 3'd, 1846
In the session of today, the Most Excellent Departmental Assembly approved the
foregoing proposition.
Third Seal, One Dollar
No. 335
Personally authorized by the elective kingdom, House of the Port of Monterey in
the Department of the Californias for the years 1844 & 1845.
Micheltorena Pablo De La Guerra
Pio Pico, Senior member of the Honorable Departmental Assembly of the
Californias, in charge of the Government of the same.
Whereas, Don Cayetano Juarez, a Mexican by birth, has petitioned for his
personal benefit, and that of his family, for the place known by the name of Yokaya, to
the Northwest of Sonoma, bounded on the South by Citizen Fernando Feliz, and on the
other sides by the Indian tribes; the proper steps having been taken and the investigations
made, as required by the laws and regulations; by virtue of the authority conferred on me
in the name of the Mexican Nation, I have determined to grant him the land aforesaid,
declaring to him the ownership thereof, by these presents, subject to the approval of the
Most Excellent Departmental Assembly and under the following conditions.
I". He may enclose it, without prejudice to the crossings, roads, and servitudes;
he shall enjoy it freely and exclusively devoting it to the use of cultivation that may be
most covenient.
2"d. He shall contact the corresponding Judge to give him Judicial possession of
this title, by which the boundaries shall be marked out, on the limits of which shall be
placed besides the land marks, some fruit trees or useful forest trees.
3"d. The land of which donation is made, is of the extent of eight square leagues,
as shown by the map furnished by the interested party. The Magistrate who may give the
possession, will cause the same to be measured in accordance with the ordinances, the
surplus that may result, to remain to the use of the nation.
In conveyance whereof, I order, that the present title being held as firm and valid,
note be made of the same in the proper book, and that it be delivered to the interested
party, for his security and further uses.
Given in the City of Los Angeles, the Capital of the Department of the
Californias, on the 24'h day of May 1845.
Pio Pico
This title has been registered.
Bandino
{
PROCEEDINGS
Instituted by the Citizen, Cayetano Juarez, petitioning for the place called
Yokaya.
452
Excellent Sir
I, the Citizen Cayetano Juarez, a Mexican, area located on the frontier of Sonoma
Alta California, before Your Excellency respectfully represent; that two square leagues
have been conceded to me by the Departmental Government, since three years time, and
as my stock have increased the land that I occupy, is not sufficient for the same; I pray
Your Excellency, to be pleased to grant me eight square leagues, more or less on the tract
known by the name of Yokay a, to the northwest of Sonoma, some thirty leagues
therefrom, bounded by the Citizens Fernando Feliz on the South, and the Indian tribes in
the other directions.
Wherefore, I pray Your Excellency to be pleased to grant my petition in view of
my large family in which I will receive favor.
Sonoma, April 8, 1845
Cayetano Juarez
Admitting this on common paper for want of the corresponding sealed paper.
Angeles, May 24`h, 1845
There is granted to the petitioner, the land for which he petitions; let the
corresponding title issue. The Governor of the Department has ordered cleared and
signed.
Pio Pico
Marano G. Vallejo, Colonel of Calvary, certifies: That the land named Yokaya, in
the neighborhood of Mendocino, and thirty leagues distant from this place, is vacant, and
does not pertain to the property of any individual; and for the necessary funds, I give this
at the request of the Ex Alcalde of Sonoma on the 81h of April 1845.
M.G. Vallejo
This title remains registered in the respective book.
Angeles, May 81h, 1846
In the session of today, this Expediente was submitted to the Most Excellent
Departmental Assembly, and referred to the Committee on vacant lands.
Pio Pico President
Augustine Olivera D.S.
Senor
The Committee on vacant lands having carefully examined the Expediente
instituted by the Citizen Cayetano Juarez, in relation to the place of Yokaya, which was
granted to him by the Superior Government of this Department in accordance with the
laws on the subject; wherefore, the Committee submit for the deliberation of Your
Excellency the following prospectus.
The concession of made to the Citizen Cayetano Juarez of the place of Yokaya, in
the neighborhood of Cape Mendocino, in the jurisdiction of Sonoma of the extent of eight
square leagues, as shown by the title issued on the 24`'of May of the last year, in
accordance with the law of the 18`h of August 1824, and Article 5 of the Regulations of
the 21' of November 1828.
Chamber of the Committee in the City of Los Angeles, May 26", 1846.
S. Anguello
Angeles, June 3`d, 1846
In the session of today, the Most Excellent Departmental Assembly approved the
foregoing proposition.
Third Seal, One Dollar
No. 335
Personally authorized by the elective kingdom, House of the Port of Monterey in
the Department of the Californias for the years 1844 & 1845.
Micheltorena Pablo De La Guerra
Pio Pico, Senior member of the Honorable Departmental Assembly of the
Californias, in charge of the Government of the same.
Whereas, Don Cayetano Juarez, a Mexican by birth, has petitioned for his
personal benefit, and that of his family, for the place known by the name of Yokaya, to
the Northwest of Sonoma, bounded on the South by Citizen Fernando Feliz, and on the
other sides by the Indian tribes; the proper steps having been taken and the investigations
made, as required by the laws and regulations; by virtue of the authority conferred on me
in the name of the Mexican Nation, I have determined to grant him the land aforesaid,
declaring to him the ownership thereof,by these presents, subject to the approval of the
Most Excellent Departmental Assembly and under the following conditions.
I". He may enclose it, without prejudice to the crossings, roads, and servitudes;
he shall enjoy it freely and exclusively devoting it to the use of cultivation that may be
most covenient.
2"d He shall contact the corresponding Judge to give him Judicial possession of
this title,by which the boundaries shall be marked out, on the limits of which shall be
placed besides the land marks, some fruit trees or useful forest trees.
3' . The land of which donation is made, is of the extent of eight square leagues,
as shown by the map furnished by the interested party. The Magistrate who may give the
possession, will cause the same to be measured in accordance with the ordinances, the
surplus that may result, to remain to the use of the nation.
In conveyance whereof, I order, that the present title being held as firm and valid,
note be made of the same in the proper book, and that it be delivered to the interested
party, for his security and further uses.
Given in the City of Los Angeles, the Capital of the Department of the
Califomias, on the 24'h day of May 1845.
Pio Pico
This title has been registered.
Bandino
The United States of America,
TO ALL TO WHOM THESE PRESENTS SHALL COME GREETING:
Whereas, it appears from a duly authenticated transcript filed in the General Land
Office of the United States, that pursuant to the provisions of the Act of Congress
approved the third day of March, one thousand eight hundred and fifty-one, entitled"An
Act to ascertain and settle the Private Land Claims in the State of California"
Juarez as claimant, filed his petition on the 11 th day of September, 1852, with the
Commissioners to ascertain and settle the Private Land Claims in the State of California,
sitting as a Board in the City of Los Angeles, in which petition he claimed the
confirmation of his title to a tract of land called "Yokaya', containing eight silios de
ganado mayor or eight square leagues, situated in the county of Mendocino and State
aforesaid, said claim being founded on a Mexican grant to the petitioner, made on the 24`'
day of May, 1845, by Pio Pico, then Governor of California, and approved by the
Departmental Assembly on the Yd day of June, 1846.
And whereas, the Board of Land Commissioners aforesaid on the 7th day of
November, 1854, rejected said claim, which decree or decision was on appeal reversed
and set aside by the District Court of the United States for the Northern District of
California on the 171h day of April, 1863, and it was"ordered, adjudged and decreed that
the claim of the said Cayetano Juarez is a good and valid claim", and the same was
confirmed to him, as appears from a duly certified transcript on file in the General Land
Office and said decision of the said District Court having been carried by appeal to the
Supreme Court of the United States, the said Supreme Court at its December Term, 1864,
dismissed said appeal, as also appears from a duly authenticated transcript on file in the
General Land Office.
And whereas, under the I" section of the Act of Congress approved 1"July, 1864,
entitled"An Act to expedite the settlement of titles of lands on the State of California,"
these have been presented to the Commissioner of the General Land Office a plat and
certificate of the survey of the tract of land confirmed as aforesaid, authenticated on the
19th day of September, 1866, by the signature of the Surveyor General of the public lands
in California, which have been approved by the Commissioners of the General Lands
Office, said plat and certificate being in the words and figures following, to wit;
U.S. Surveyor General Office,
San Francisco, California.
"Under and by virtue of the provisions of the 131h Section of the Act of Congress
of the P of March, 1851, entitled, `An Act to ascertain and settle Private Land Claims in
the State of California', and of the 12th Section of the Act of Congress approved on the
3 1" of August, 1852, entitled `An Act making appropriations for the Civil and
Diplomatic expenses of the Government for the year ending the 301h of June, 1853, and
for other purposes', and whereas the U.S. District Court for the Northern District of
- I -
California rendered a decision whereby it recognized and confirmed the title and claim of
Cayetano Juarez to the tract of land designated as `Yokaya', and the appeal from the said
decision was vacated in accordance with a Mandate of the Supreme Court of the United
[States] as appears from the certified copy of the final decree of the said District Court, a
copy of which is hereto annexed; the said tract of land was surveyed in conformity to the
grant thereof and the said decision, and I do hereby certify that the accompanying map is
a true and accurate plat of the said tract of land as appears by the field notes of the survey
thereof made by James T. Stratton, Deputy Surveyor under the directions of this office,
which having been examined and approved remain of record of the said office.
And I do further certify that by virtue of the provisions of the Act of Congress
approved on the 1'of July, 1864, respecting the survey and location of confirmed private
land claims, I have caused the said survey to be published in accordance therewith in two
newspapers, to wit; the `Mendocino Herald' a newspaper published in the County of
Mendocino, State of California,being a newspaper published near to where the said land
is located the first publication being on the 29th day of June, 1866, and the last on the 20th
day of July, 1866; Also in the `American Flag' a newspaper published in the City and
county of San Francisco, State aforesaid, the first publication being on the 19'h day of
June, 1866, and the last on the 1 Oth day of July, 1866.
And I do further certify that the plat of said survey was retained in this office
during all of ninety days and until the expiration thereof from the date of the first
publication subject to inspection.
And I do further certify that under and by virtue of the said confirmation and
other proceedings had in the matter, the said Cayetano Juarez is entitled to a patent from
the United States upon the presentation hereof to the General Land Office for the said
tract of land named `Yokaya' the same being bounded and described as follows, to wit;
Beginning at a post marked `Y No. 1' in a stone mound on the steep Southerly
slope of a ridge from which the Quarter Section corner on the South boundary of Section
thirty five Township sixteen North, Range twelve West, bears North distant twenty
chains, a Live Oak tree three feet in diameter bears North thirty-five degrees West,
distant one chain and thirty-five links, and a Black Oak tree two feet in diameter bears
South fifty-one degrees East, distant two chains and ten links;
Thence according to the true meridian, the variation of the magnetic needle being
seventeen degrees twenty minutes East, ascending steep South Westerly slope of hill,
East; at two chains, crosses a sharp ridge, course North West and South East; at twenty-
four chains, crosses Howard's creek fifteen links wide, course North West, thirty-one
chains and ninety links to a post marked `Y No. 2' Station, out the Southern slope of a
ridge from which a White Oak tree two feet in diameter, bears South sixty-two degrees
West distant ninety-seven links, and a White Oak tree sixteen [inches] in diameter,bears
South thirty-eight degrees East, distant one chain and ninety-five links.
- 2 -
r
Thence South, at one chain and fifty links crosses Howard's creek, fifteen links
wide, course North Westerly and ascends; at eighteen chains crosses a ravine, course
North East; at thirty chains and fifty links crosses a high ridge, course North East and
South West; at forty-two chains crosses a run, ten links wide, in a deep ravine, course
South West; at fifty-five chains crosses a ravine, course West; sixty-five chains to a
White Oak tree twelve inches in diameter marked `Y' on line on a high ridge, course
South West and North East; at eighty-one chains crosses a run, ten links wide, course
South thirty degrees West; at ninety-three chains crosses a low ridge, course North East
and South West, one hundred and sixteen chains and ninety-five links to a White Oak tree
sixteen inches in diameter marked `Y' on line; at one hundred and nineteen chains and
seventy links crosses Little Sulphur Creek, twenty links wide, course South West one
hundred and twenty-two chains and eighty links to the left banks of same creek, and
ascends the North Westerly slope of a ridge, one hundred and forty chains to a post
marked `Y No. 3' Station, on the Northerly brow of a high spur, course North West and
South East, from which a White Oak tree, ten inches in diameter, bears ,South sixty-eight
degrees East, distant twenty-five links; Day's Soda Springs, on the left bank of Little
Sulphur Creek are ten chains North West from this point;
Thence West at one chain and fifty links crosses the North Westerly point of a
high spur; at five chains crosses a run ten links wide, course North West, twenty chains to
a post marked `Y No. 4' Station on a high ridge, course North and South from which a
White Oak tree thirty inches in diameter, bears South eighty-eight degrees fifteen minutes
West distant ninety links and a White Oak tree thirty inches in diameter, bears South
twenty-seven degrees thirty minutes East distant one chain and thirty-five links.
Thence along the Western brow of the ridge South at ten chains crosses ridge to
the Easterly slope of same; at forty chains and fifty links crosses a ravine, course South
East fifty chains and fifty-five links to a White Oak tree three feet in diameter, marked
`Y' on line sixty-two chains to a White Oak tree twenty inches in diameter marked `Y' on
line; sixty-two chains and fifty links to the bed of a small creek fifteen links wide, course
South ten degrees West, and from this point bearing to the South; at seventy-five chains
leaves the bed of the creek, course South ten degrees West; at seventy-six chains crosses
a creek twenty links wide, course South West„ ninety chains to the Western point of a
high hill, one hundred chains to a post marked `Y No. 5' Station, at the base of a hill on
the North Eastern side of the main valley called `Yokaya', which is now called `Ukiah',
from which a Black Oak tree, thirty inches in diameter bears South forty-eight degrees
thirty minutes West, distant ninety-nine links and a Madrone tree three feet in diameter,
bears North sixty-one degrees thirty minutes East, distant sixty-eight links.
Thence ascending the South Western slope of hill East at ten chains enters
chemisal, at fifteen chains crosses the Southerly point of a high spur, twenty chains to a
post marked `Y No. 6' Station, at the edge of chemisal on the South Eastern slope of spur
from which a Black Oak tree fifteen inches in diameter, bears South twenty-six degrees
East, distant fifty-four links;
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Thence South, at five chains crosses a run ten links wide course South West; at
twelve chains crosses the South Westerly point of a spur twenty chains to a post marked
`Y No. 7' Station, on the Southern slope of a spur, the main valley is three chains to the
South of line, a White Oak tree three feet in diameter, bears North sixty-seven degrees
West, distant one chain and sixteen links, and a White Oak tree twenty inches in diameter
bears South, distant ninety-eight links;
Thence along the Southerly slope of spur East; at thirty chains enters chemisal,
forty chains to a post marked `Y No. 8' Station;
Thence descending South, at three chains leaves chemisal at seven chains crosses
a run ten links wide, course South West, twenty chains to the main valley; at thirty-eight
chains crosses a creek twenty-five links wide, course South seventy degrees West and
ascends; at forty-three chains along the Westerly slope of spur, sixty chains to a post
marked `Y No. 9' Station, from which a Black Oak tree three feet in diameter, bears
North thirty-five degrees thirty minutes West distant one chain and thirty-six links, and a
Black Oak tree three feet in diameter, bears North seventy-seven degrees East, distant
one chain and thirty-five links, the dam on Mill Creek, bears South ten degrees East
distant four chains;
Thence along the Southerly slope of spur East, twenty chains to an Alder tree
twenty inches in diameter, marked `Y No. 10' Station;
Thence South, at fifteen links crosses Mill Creek twenty links wide, course West
in a deep canyon; at ten chains crosses the Westerly brow of a high hill and descends the
steep South Westerly slope of same; fifty chains to the Easterly comer of Hildreth's old
corral and along the Westerly slope of hill; sixty-six chains and forty links to a White
Oak tree one foot in diameter marked `Y' on line; at seventy-six chains and thirty links
crosses a deep ravine, course West; at ninety-six chains crosses a deep ravine, course
West; one hundred chains to a post marked `Y No. 11', from which a Black Oak tree two
and one half feet in diameter bears North, distant thirty-seven links, one hundred and
sixty chains to Station;
Thence descending West, at fourteen chains crosses a deep ravine, course North
West, at eighteen chains crosses the North point of a high hill twenty chains to a post
marked `Y No. 16' Station, on the North slope of hill, from which a Black Oak tree
eighteen inches in diameter bears North fifty-three degrees fifteen minutes East, distant
seventy-nine links and a White Oak tree thirty inches in diameter bears North sixty-five
degrees fifty minutes West, distant eighty-seven links;
Thence ascending South, at ten chains crosses the Western brow of a hill; at
twenty chains crosses a run ten links wide, course West; at forty-three chains crosses a
deep ravine, course South West; at forty-seven chains crosses a deep ravine, course North
West, sixty-one chains and eighty-five links to a White Oak tree twenty-eight inches in
diameter on line; said tree is marked `Y'; at ninety-five chains descends a steep hill, at
one hundred and ten chains enters a valley, course South seventy degrees West; at one
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hundred and fifteen chains and fifty links crosses Morrison's Creek thirty links wide,
course South seventy degrees West; at one hundred and eighteen chains and fifty links
leaves the valley and ascends the North Western slope of a hill. One hundred and twenty
chains to a post marked `Y No. 14' on the North Western slope of a hill from which a
White Oak tree two feet in diameter bears North eighty-three degrees West, distant sixty-
four links, and a White Oak tree two feet in diameter bears North thirty-one degrees thirty
minutes West, distant three chains and four links, one hundred and eighty chains to
Station, on the North Westerly slope of ridge from which a post marked `Y No. 2 P, bears
West, distant twenty chains.
Thence East, at nine chains crosses a ridge course North East and South West, at
sixteen chains crosses a canyon, course West, at seventeen chains and fifty links crosses
the Westerly point of a sharp spur, at nineteen chains and fifty links crosses a canyon,
course South West. At thirty chains crosses a high chaparral ridge, course North East and
South West, at thirty-four chains crosses a ravine, course South West, forty chains to a
post marked `Y No. 22' Station; on the South Western edge of high table land, from
which a White Oak tree eight inches in diameter bears North sixty-five degrees thirty
minutes East, distant fifty-nine links, and a White Oak tree eight inches in diameter, bears
South thirteen degrees thirty minutes East, distant ninety-nine links;
Thence South, at one chain crosses a run, two links wide, course West, and
descends, at eighteen chains and fifty links, crosses a run, ten links wide, course South
West. At thirty-three chains crosses a run, ten links wide, course South West thirty-six
chains and twenty-five links to a post marked `Y No. 23' Station, on the Northern
boundary of the Sanel Rancho, from which the North East corner of said Rancho bears
North, sixty-two degrees fifteen minutes East, distant twelve chains and sixty-nine links;
a White Oak tree three feet in diameter, bears South fifty-two degrees fifteen minutes
West, distant one chain and three links, and a White Oak tree twenty inches in diameter,
bears South twenty-three degrees thirty minutes East, distant one chain and forty-eight
links.
Thence along the Northern boundary of the Sanel Rancho, descending South
sixty-two degrees fifteen minutes West, at eight chains and fifty links crosses a run, ten
links wide, course North West, fifty-two chains and twenty-five links to the left bank of
Russian River, course South twenty-eight degrees East. At fifty-three chains and eighty-
five links across same, at eighty-five chains crosses the Southerly point of a low hill. At
one hundred and five chains crosses a run, twenty links wide, course South thirty-five
degrees East, one hundred and sixteen chains and eighty-five links to a fence on the
Easterly side of a road from Healdsburg to Ukiah City, course North. At one hundred
and thirty-three chains crosses the Southerly point of a ridge, one hundred and thirty-five
chains and sixty links to a post marked `Y No. 24' Station, on the South Westerly slope
of ridge, from which a Black Oak tree eighteen inches in diameter bears South seventy-
five degrees West, distant three chains and thirty links, and a White Oak tree twenty
inches in diameter bears North six degrees thirty minutes West, distant three chains and
eighteen links;
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Thence North at three chains crosses a ridge to the Easterly slope of same.
Thirty-nine chains and thirty-nine links to a post marked `Y No. 25' Station, at the foot of
hill; from which Sherry's hotel bears North, thirty-eight degrees East, distant three
chains; a White Oak tree, three feet in diameter bears North thirty-seven degrees thirty
minutes East, distant three links, and a Black Oak tree sixteen inches in diameter bears
South, distant eighty-seven links;
Thence ascending a steep hill West, twenty chains to a post marked `Y No. 26'
Station, from which a Black Oak ten inches in diameter bears North sixty-three degrees
thirty minutes West, distant fifty-five links, and a Black Oak fifteen inches in diameter,
bears South twenty-five degrees West, distant one chain and twenty-five links;
Thence descending North Easterly slope of ridge North, at thirty-five chains
crosses a run twenty links wide, course South East, and ascends. At thirty-eight chains
and fifty links crosses the road from Healdsburg to Ukiah, course North West, forty
chains to a post marked `Y No. 27' Station, on the South West slope of hill, from which a
Black Oak sixteen inches in diameter bears South fifty-four degrees fifteen minutes East,
distant twenty-eight links and a Black Oak fifteen inches in diameter, bears South
seventy-one degrees forty-five minutes West,distant sixty-eight links;
Thence West, at one chain and fifty links crosses road to Ukiah City, course North
West. At five chains crosses a run, twenty links wide, course South East, and ascends a
steep hill. At fourteen chains crosses a run five links wide, course North East, seventy
chains to a post marked `Y No. 28' Station, on steep South East slope of hill, from which
a White Oak twenty-eight inches in diameter, bears North two degrees East, distant
twenty-five links, and a White Oak, thirty-six inches in diameter, bears North eighty-two
degrees West, distant thirty-four links.
Thence ascending South East, slope of hill North, at five chains descends North
East slope of hill, twenty chains to a post marked `Y No. 29' Station, from which a Black
Oak, twenty-four inches in diameter, bears South fifteen degrees West, distant fifty links
and a Madrone ten inches in diameter, bears North thirty-six degrees West, distant
twenty-six links;
Thence ascending West, at ten chains crosses a spur to North slope of same, at
fifteen chains crosses a run five links wide, course Northerly, twenty chains to a post
marked `Y No. 30' Station, from which a Black Oak twenty inches in diameter, bears
South sixty-nine degrees fifteen minutes East, distant sixty-five links and a Madrone
eight inches in diameter bears South, forty-one degrees fifteen minutes West, distant fifty
links,
Thence North, at one chain and fifty links crosses a run five links wide, course
North East, at sixteen chains crosses a run ten links wide in a deep canyon, course South
Easterly, and ascends. At twenty chains and fifty links crosses a sharp ridge, course
North West and South East, at twenty-five chains and fifty links crosses a road to Ukiah
City, course North West, at thirty-two chains and crosses a run fifteen links wide, course
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North West, forty chains to a post marked `Y No. 3 P Station, on South West slope of
spur, from which a White Oak eighteen inches in diameter bears North thirty-two degrees
forty-five minutes East, distant three chains and eighty-seven links and a White Oak
twenty-four inches in diameter, bears South fifty degrees thirty minutes East, distant five
chains and thirty-nine links;
Thence descending South West slope West, at twenty chains crosses a run fifteen
links wide, course South West, at twenty-two chains and fifty links crosses the road to
Ukiah City, course North West, at thirty-four chains crosses the Northerly point of a spur,
at thirty-nine chains crosses a run ten links wide, course North West, forty chains to a
post marked `Y No. 32' Station, on the North slope of hill, from which a White Oak
eighteen inches in diameter bears North fifty-nine degrees thirty minutes West distant
twenty-six links, and a White Oak twenty inches in diameter, bears South thirty-four
degrees thirty minutes East distant twenty-eight links;
Thence North at two chains crosses the above mentioned run, course North West,
at three chains and fifty links crosses a low hill, at seven chains and fifty links crosses
above mentioned run, course North East, twenty chains to a post marked `Y No. 33'
Station, in a valley, from which a Black Oak thirty-six inches in diameter, bears South
sixty-six degrees thirty minutes West, distant thirty-eight links and a White Oak thirty
inches in diameter bears North seven degrees West distant fifty-two links;
Thence West at five chains ascends a steep hill, at nineteen chains crosses the
North East brow of same, twenty chains to a post marked `Y No. 34' Station, on the
North slope of hill from which a Black Oak twenty-eight inches in diameter bears North
forty-eight degrees thirty minutes West, distant fifty-nine links and a Black Oak twenty-
eight inches in diameter bears South thirty-one degrees fifteen minutes West, distant
seventy-six links;
Thence North at seventeen chains and fifty links crosses a run ten links wide in a
narrow valley, course East, twenty-eight chains and ninety-five links to a Black-Oak tree
eighteen inches in diameter marked `Y' on the Easterly point of a high spur, forty chains
to a post marked `Y No. 35' Station, at the foot of mountain, from which a White Oak
thirty inches in diameter bears South sixty-four degrees thirty minutes West, distant
twenty-six links and a White Oak twenty-eight inches in diameter bears North forty-two
degrees East, distant one chain and two links;
Thence West, at fifteen links crosses a run ten links wide, course North East, at
five chains ascends a steep mountain, at fifteen chains crosses the North East front of a
high spur, twenty chains to a post marked `Y No. 36' Station, on the North slope of spur,
from which a Black Oak sixteen inches in diameter bears North nineteen degrees thirty
minutes West distant twenty-five links and a Black Oak eighteen inches in diameter bears
South eighty-three degrees East distant forty-two links;
Thence descending North East slope of spur North, at twenty-six chains a small
house at the foot of hill is five chains East of line, thirty-two chains and fifty links to the
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foot of hill and crosses run ten links wide, course North East, forty chains to a post
marked `Y No. 37' Station in the main valley from which a White Oak thirty inches in
diameter bears North fifty-two degrees forty-five minutes West distant one chain and
fifty-five links and a Black Oak eight inches in diameter bears North thirty-two degrees
fifteen minutes East, distant two chains and twenty links;
Thence West, at five chains ascends a steep hill, at twenty-five chains crosses the
North Eastern brow of same and descends, fifty chains to the North Western base of
same, sixty chains to Station, from which a post marked `Y No. 38' on the left bank of
Robinson's Creek bears West distant twenty chains, from this witness post Reese's house
bears North forty-eight degrees thirty minutes East distant eight chains; a White Oak ten
inches in diameter, bears North twenty-one degrees West distant one chain and forty-
eight links, and a White Oak thirty-six inches in diameter bears North eighty-five degrees
West, distant two chains and twenty-four links;
Thence over an arm of the main valley and crossing Robinson's Creek North
twenty chains to a post marked `Y No. 40', at the Eastern foot of hill from which a White
Oak forty-two inches in diameter bears North forty-one degrees East, distant seventy-six
links, and a White Oak forty-two inches in diameter, bears North thirty-nine degrees
West, distant one chain, at twenty-one chains crosses a road, course North East and
ascends the South East slope of hill forty chains to a post marked `Y No. 41', on the
Southerly slope of hill from which a White Oak tree thirty inches in diameter, bears
North fifty-two degrees East distant forty-six links and a White Oak twenty-four inches
in diameter, bears North ten degrees thirty minutes West distant one chain and nine links,
eighty chains to a post marked `Y No. 44', on the North Eastern slope of hill from which
a Black Oak twenty inches in diameter bears South twenty-seven degrees East, distant
seventy-four links, and a Black Oak eighteen inches in diameter bears South sixty-two
degrees West distant six links, thence descending the North Easterly slope of hill, at one
hundred and ten chains. Bell's house in the main valley is eighteen chains East of line, at
one hundred and eighteen chains crosses a run five links wide, course East, at one
hundred and forty-seven chains crosses a run five links wide, course East, one hundred
and fifty-seven chains to the main valley, one hundred and sixty chains to a post marked
`Y No. 45' Station, from which a White Oak thirty-six inches in diameter bears North
distant seven links and a White Oak thirty inches in diameter, bears South seventy-eight
degrees fifteen minutes West, distant sixty-four links;
Thence West at two chains ascends steep hill, twenty chains to a post marked `Y
No. 46' Station, from which a Black Oak thirty inches in diameter bears South two
degrees West distant one chain and thirty-three links and a Black Oak twenty-four inches
in diameter bears South sixty-four degrees East distant forty links.
Thence descending the North Eastern slope of hill North twenty chains to a post
marked `Y No. 47' Station, three chains from the main valley from which a Black Oak
eighteen inches in diameter, bears South thirty-one degrees thirty minutes East distant
twenty-eight links and a Black Oak fifteen inches in diameter bears North seventy-six
degrees thirty minutes East, distant one chain;
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Thence ascending steep Easterly slope of hill West twenty chains to a post
marked 'Y No. 48' Station, from which a Black Oak twenty-eight inches in diameter
bears North fifteen degrees thirty minutes West distant seventy-four links and a Black
Oak fifteen inches in diameter bears South twenty-five degrees East distant one chain and
twenty-eight links;
Thence along the Easterly slope of hill North at fifteen chains crosses a run fifteen
links wide in a ravine, course East, at thirty-seven chains and fifty links crosses a ravine
course East, at forty-three chains crosses a run ten links wide in a ravine, course East,
forty-four chains to a point in a ravine, course East, from which Montgomery's log cabin
bears East distant three chains, eighty chains to a post marked 'Y No. 49' Station, two
chains from valley, from which a Black Oak sixteen inches in diameter bears South sixty-
one degrees thirty minutes West, distant seventy-six links and a White Oak sixteen inches
in diameter bears South seventy-four degrees forty-five minutes East, distant two chains
and forty-four links;
Thence ascending West twenty chains to a post marked 'Y No. 50' Station, on
Eastern slope of hill, from which the Court House in Ukiah City bears North fifty degrees
East, a Live Oak forty-eight inches in diameter bears South fifty-five degrees West,
distant nineteen links and a White Oak twenty inches in diameter bears South thirty-six
degrees West, distant one chain and twenty-three links;
Thence descending the North Eastern slope of hill, North forty chains to a post
marked 'Y' at foot of hill from which George Gibson's house bears South seventy-two
degrees fifteen minutes East distant four chains, a White Oak three feet in diameter, bears
South forty-nine degrees thirty minutes East, distant thirty links and a White Oak two feet
in diameter, bears South forty-eight degrees fifteen minutes West, distant one chain and
twenty-nine links, at forty-two chains crosses Gibson's Creek thirty links wide, course
East, at fifty-six chains crosses a fence, course North West and South East, sixty chains to
a post marked 'Y No. 51' Station, from which a White Oak forty-eight inches in
diameter, bears North thirty-eight degrees thirty minutes East, distant thirty links and a
Black Oak fifteen inches in diameter bears North seventy-four degrees thirty minutes
East, distant one chain and sixty-three links;
Thence West, at five chains ascends a steep hill and crosses a fence, course North
West and South East, twenty chains to a post marked 'Y No. 52' Station, from which the
Court House in Ukiah City bears South seventy-four degrees East;
Thence descending North Eastern slope of hill North at thirty-seven chains and
seventy links crosses a fence, course East and West, thirty-eight chains and seventy-seven
links to a White Oak twenty-four inches in diameter on line, said tree is marked 'Y', at
forty-five chains crosses a run five links wide, course North East, at fifty-five chains and
fifty links crosses Orr's Creek thirty links wide, course South seventy degrees East and
ascends; sixty-five chains and twenty-five links to a White Oak thirty inches in diameter
marked 'Y' on the South East brow of hill, thence along Easterly slope of hill one
hundred chains to a post marked 'Y No. 53' Station, at foot of hill from which a White
- 9 -
Oak ten inches in diameter, bears North fifty-two degrees fifteen minutes East distant
eighty-five links and a White Oak ten inches in diameter, bears South thirty-six degrees
fifteen minutes East, distant one chain and eighty-four links;
Thence West at five chains ascends steep hill twenty chains to a post marked `Y
No. 54' Station, on the Eastern brow of hill from which a White Oak thirty inches in
diameter bears North sixty-five degrees forty-five minutes East, distant eighty-two links
and a White Oak twenty-eight inches in diameter bears South fifty-two degrees East
distant ninety-four links, McKinlay's house bears North thirty-nine degrees East distant
fifteen chains;
Thence descending the North Eastern slope of hill North at sixty-two chains and
fifty links crosses Ackerman's Creek fifty links wide, course East, at seventy-four chains
crosses a fence, course East and West on the Southern brink of table land ninety-nine
chains and twenty-five links to a White Oak tree thirty inches in diameter marked `Y' on
line, at one hundred and ten chains descends, at one hundred and eleven chains crosses a
run fifteen links wide in a ravine, course East, one hundred and nineteen chains and
eighty-five links to a post marked `Y No. 55' on table land Station, at intersection with
the third standard line North, twenty-eight chains and seventy-nine links West of corner
to sections thirty-one and thirty-two. Township sixteen North, Range twelve West, from
which a White Oak fifteen inches in diameter bears North sixty-four degrees thirty
minutes East, distant sixty-eight links and a Black Oak twenty-eight inches in diameter,
bears South thirty-six degrees West distant sixty-five links;
Thence along said standard line East, eight chains and seventy-nine links to eighth
section line Station, at a post marked `Y No. 56' on the Easterly slope of hill from which
a White Oak twenty-eight inches in diameter, bears South five degrees East distant
nineteen links and a White Oak twenty-eight inches in diameter, bears South sixty-six
degrees East, distant forty-six links;
Thence North, at four chains and eighty links crosses a run fifteen links wide,
course South East, at nineteen chains and fifty links crosses a ridge, course North West
and South East, at twenty-three chains and twenty links crosses a run ten links wide in a
deep canyon, course South sixty degrees East, at thirty-five chains and fifty links crosses
a ridge, course North sixty degrees West and South sixty degrees East, fifty-nine chains
to the foot of ridge, sixty chains to a post marked `Y No. 57' Station, in a narrow valley,
course South East, from which a Black Oak sixteen inches in diameter bears South one
degree West, distant one chain and fifty-five links and a White Oak twenty-four inches in
diameter bears North eighty-two degrees West, distant one chain and forty-eight links;
Thence East at eleven chains and fifty links crosses Howell's Creek fifty links
wide, course South East, at fifteen chains leaves the valley twenty chains to a post
marked `Y No. 58' Station on table land;
Thence North, at fifteen chains descends, twenty chains to a post marked `Y No.
62' on the North Western slope of hill from which a White Oak seven inches in diameter
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bears North forty-four degrees East, distant thirty-two links and a White Oak fifteen
inches in diameter, bears North seventy-nine degrees thirty minutes East, distant twenty-
nine links, at twenty-one chains and fifty links crosses a ravine, course North East, at
twenty-five chains crosses the Easterly point of a spur, at thirty-five chains and fifty links
crosses a fence, course South seventy degrees East at the Southerly side of the valley, at
thirty-eight chains and fifty links crosses a creek fifty links wide, course East, forty
chains to a post marked `Y No. 63' Station, from which a White Oak thirty inches in
diameter, bears South seventy-one degrees thirty minutes East distant three chains and
five links, and an Ash twelve inches in diameter bears South sixty-seven degrees West
distant eighty-one links;
Thence West, at thirty links crosses a fence, course North and South, at five
chains crosses a creek fifty links wide, course South eighty degrees East, at eight chains
leaves valley and ascends North Easterly slope of Ridge, at thirty-four chains crosses a
ridge, course North West and South East, forty chains to a post marked `Y No. 64'
Station, on the Southerly slope of ridge from which a White Oak sixteen inches in
diameter, bears North sixty-eight degrees forty-five minutes West distant seventy links,
and a Black Oak thirty inches in diameter bears South twenty-three degrees thirty
minutes East distant two chains and five links;
Thence North, at five chains crosses ridge, course North East and South West, at
fourteen chains and fifty links crosses a ravine, course North East, at twenty-five chains
crosses the Easterly point of hill, at thirty-five chains crosses a run ten links wide in a
deep canyon, course South East, at forty-three chains crosses a high ridge, course North
West and South East, fifty-six chains and fifty links to the right bank of Cole Creek one
chain wide, course South East, sixty chains to a post marked `Y No. 65' Station, in the
dry bed of Cole Creek, from which a White Oak sixteen inches in diameter bears North
forty-seven degrees fifteen minutes East, distant one chain and twelve links and a White
Oak six inches in diameter bears South fifty-four degrees fifteen minutes East, distant
two chains and fifty-nine links;
Thence East seven chains and fifty links to the bed above mentioned creek, at
thirteen chains and fifty links leaves same, course South East and ascends, at nineteen
chains crosses a sharp ridge, course South East, at twenty-four chains crosses a ravine,
course South at thirty-four chains crosses a ridge, course North and South, at forty-one
chains crosses a ravine, course South, at forty-nine chains crosses a ridge, course North
and South, at fifty-seven chains crosses a ravine, course South , sixty-seven chains and
twenty-nine links to a point on the summit of a high ridge, course North and South, from
which a Black Oak thirty-six inches in diameter marked `B.T.Y', bears North distant
forty-two links, eighty chains to a post marked `Y No. 66' Station on the steep North
Eastern slope of ridge from which a White Oak eighteen inches in diameter, bears North
twenty-four degrees West distant forty-one links and a White Oak twenty-eight inches in
diameter, bears North fifty-nine degrees East distant eighteen links;
Thence North at one chain and fifty links crosses a deep ravine, course South
East, at eight chains crosses a ridge, course North West and South East, at thirty-six
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chains crosses a gold mining ravine, course South East, at fifty-nine chains crosses a
ridge, course North West and South East, at seventy-six chains crosses a ravine, course
East eighty-one chains to the Easterly point of spur, one hundred and eleven chains and
twenty-five links to a point four links East of a Black Oak twenty-eight inches in
diameter marked `B.T.Y.' on the Easterly brow of a high hill from which the hotel in
Calpella bears South fifty-one degrees thirty minutes East distant eighty chains, at one
hundred and twenty-two chains descends the North Easterly slope of hill, at one hundred
and fifty-five chains and fifty links crosses a road at the foot of hill, course North West
and South East, one hundred and sixty chains to a post marked `Y No. 67' Station, from
which a White Oak eighteen inches in diameter bears North twenty-one degrees fifteen
minutes West, distant seventy-two links and a White Oak twenty-six inches in diameter
bears North seventy degrees thirty minutes East distant eighty-four links;
Thence West, at seven chains and fifty links crosses above mentioned road,
course North West and South East and ascends the North Eastern slope of hill, at thirty-
six chains descends, at thirty-eight chains and fifty links crosses a ravine, course North
West, forty chains to a White Oak ten inches in diameter marked `Y No. 68' Station on
the North Eastern slope of hill;
Thence North at three chains crosses above mentioned ravine, course North West,
at ten chains crosses a ridge course North West and South East, at twenty-five chains and
fifty links crosses a road, course as above, at thirty-four chains crosses a road at the foot
of hill, course North twenty degrees West and South twenty degrees East and enters a
field, forty chains to a post marked `Y No. 69' Station, one chain South of Forsyth's
Creek, from which an Elder tree four inches in diameter bears North forty-three degrees
West distant eighteen links and a White Oak thirty-six inches in diameter, bears South
nineteen degrees East distant two chains and forty-three links;
Thence East at two chains and fifty links leaves field and crosses Forsyth's Creek
fifty links wide, course South sixty degrees East, at twenty-three chains and fifty links
ascends the South Western slope of hill to table land, at twenty-five chains and ten links
crosses a fence, course North and South on table land, forty chains to Station from which
a post marked `Y No. 70' bears East distant twenty chains, from said post a Black Oak
twenty-eight inches in diameter, bears South twelve degrees thirty minutes West, distant
forty links and a Black Oak twenty inches in diameter bears South twenty-three degrees
West, distant sixty-six links;
Thence crossing table land North forty chains to a post marked `Y No. 72' from
which a Black Oak twenty-eight inches in diameter bears North sixty-five degrees East
distant nine links and a Black Oak fifteen inches in diameter, bears South one degree
thirty minutes East, distant twenty-four links, at eighty chains crosses Franklin's Creek
ten links wide, course South East one hundred and ten chains and thirty links to a post
marked `Y No. 73' Station at intersection with line between Townships sixteen and
seventeen North, Range twelve West four chains and fifty links West of Quarter Section
corner between sections five and thirty-two, from which a Black Oak twenty inches in
diameter, bears South seventy-seven degrees thirty minutes West distant two chains and
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twenty-three links, and a Black Oak twelve inches in diameter bears North fifty-seven
degrees East, distant one chain and ten links;
Thence East four chains and fifty links to a post marked `Y No. 74' Station, at
Quarter Section corner between Sections five and thirty-two on line between Townships
sixteen and seventeen North, Range twelve West, from which a Black Oak twelve inches
in diameter bears North sixty-seven degrees East distant forty-one links and a Black Oak
twelve inches in diameter bears South fourteen degrees thirty minutes West distant thirty-
two links;
Thence North at four chains crosses a ravine, course South East, at thirty-five
chains and fifty links crosses a road course West and South East, at thirty-seven chains
and thirty links crosses a ravine, course South East, at seventy-eight chains crosses a run
ten links wide, course East, at eighty-one chains and eighty links crosses a run five links
wide, course South East, at ninety-two chains and sixty links crosses several Indian
graves, at ninety-nine chains and eighty links crosses a run five links wide, course East, at
one hundred and eight chains and thirty links crosses a road, course North thirty degrees
West, and South thirty degrees East one hundred and twenty chains to a post marked `Y
No. 75' Station, from which a deserted log cabin bears North thirty-one degrees West
distant three chains, a White Oak twenty-eight inches in diameter, bears North sixty-
seven degrees thirty minutes East, distant forty-two chains and a White Oak eighteen
inches in diameter bears South forty-one degrees forty-five minutes West, distant
seventy-seven links;
Thence West, at two chains crosses a road, course North and South, at nineteen
chains and eighty links crosses a brush fence, course North West and South East, twenty
chains to a post marked `Y No. 76' Station, from which a Black Oak ten inches in
diameter, bears South thirty-two degrees thirty minutes West distant forty-four links, and
a Black Oak sixteen inches in diameter bears South eighty-four degrees fifteen ...distant
thirty-four links;
Thence North, at thirty links crosses a brush fence course North West and South
East, at ten chains and sixty links crosses a run fifteen links wide, course South seventy
degrees East, at eleven chains and sixty links crosses a road, course South seventy
degrees East, at thirty-eight chains and fifty links crosses a run ten links wide, course
East, at fifty-eight chains crosses a ravine, course East, at seventy-two chains and fifty
links crosses main Redwood road, course North seventy degrees West, at eighty chains
crosses Russian River one chain wide, course South East, at ninety chains and eighty
links crosses a fence, course South East and North West one hundred chains to a post
marked `Y No. 77' Station, from which a White Oak twelve inches in diameter, bears
South fifty-four degrees West distant one chain and three links and a White Oak twenty-
four inches in diameter bears North twenty-five degrees West distant two chains and
fifty-three links;
Thence East at eighteen chains and fifty links crosses a run ten links wide, course
South twenty degrees West and ascends South Western slope of hill, at forty chains and
- 13 -
fifty links crosses a ravine, course South West eighty chains to a Black Oak tree twelve
inches in diameter marked `Y No. 78' Station, on the South Western slope of a high hill
from which Burke's house bears South fifty-seven degrees West, distant sixty chains;
Thence descending South twenty chains to a post marked `Y No. 79' Station, on
the South Western slope of hill;
Thence East, at three chains crosses a spur and along the Southern slope of hill, at
thirty-nine chains crosses a run ten links wide, course South, at fifty-nine chains and
seventy links crosses a run ten links wide, course South West sixty chains to a post
marked `Y No. 80' Station, on the South Western slope of hill from which a Live Oak
twenty-eight inches in diameter bears North fifty-one degrees West, distant twenty-four
links and a White Oak twenty-eight inches in diameter bears South fifty-three degrees
thirty minutes East, distant two chains and ten links;
Thence descending the South Western slope of hill South, at twenty-one chains
and fifty links crosses a run five links wide, course South seventy degrees West, at
seventy-three chains and thirty links crosses a run ten links wide, course South West, at
eighty-five chains crosses a run ten links wide, course West ninety-two chains and eighty
links to a White Oak sixteen inches in diameter marked `Y' one hundred chains to a post
marked `Y No. 8l' Station on South Western slope of hill from which a White Oak
fourteen inches in diameter bears North eighty-three degrees East, distant one chain and
forty-seven links, and a Manzanita, ten inches in diameter, bears South eighty-three
degrees thirty minutes East, distant eighty links;
Thence ascending the South Western slope of hill East, at two chains and fifty
links crosses a ravine, course South West, at eighteen chains and fifty links crosses a
ravine, course South West, twenty chains to a post marked `Y No. 82' Station, from
which a White Oak fourteen inches in diameter bears North thirty-one degrees West,
distant thirty links, and a White Oak six inches in diameter, bears South twenty-two
degrees thirty minutes East, distant forty-eight links;
Thence South descending the South Western slope of hill twenty chains to a post
marked `Y No. 83' Station, from which William Hoppin's house bears South fifty-two
degrees West, distant fifteen chains, a White Oak fifteen inches in diameter bears North
two degrees thirty minutes East, distant seventy-one links and a Black Oak twenty inches
in diameter, bears North twenty-six degrees West, distant ninety links;
Thence ascending the South Western slope of hill East, at ten chains crosses a
ravine course South West twenty chains to a post marked `Y No. 84' Station, from which
a White Oak twenty inches in diameter, bears South twenty degrees East, distant two
chains and thirty-six links, and a Black Oak ten inches in diameter, bears South eighty-
five degrees East, distant one chain and two links;
Thence along the Westerly slope of hill South at twenty chains crosses a deep
ravine, course West, at thirty-eight chains crosses a brush fence, course East and West,
- 14-
forty chains to a post marked `Y No. 85' Station, from which a White Oak twenty-four
inches in diameter bears North eighty-one degrees West, distant eighty-three links and a
White Oak fourteen inches in diameter bears South thirty degrees East, distant fifty links;
Thence ascending the South Westerly slope of hill East at one chain crosses a
ravine, course South West, at fifteen chains descends the South Easterly slope of hill,
twenty chains to a post marked `Y No. 86' Station, from which a Live Oak fourteen
inches in diameter bears North twenty-one degrees East, distant two chains and fifty-
eight links;
Thence descending South seven chains to the bed of a ravine, course South and
South West, at thirty-eight chains leaves bed of ravine, course South Easterly forty chains
and thirty-two links to a post marked `Y No. 87' Station, at intersection with line between
Townships sixteen and seventeen North Range twelve West, fifty-nine chains and sixty-
eight links East of corner to sections there, four, thirty-three and thirty-four, from which a
White Oak twenty inches in diameter bears North sixteen degrees East, distant one chain
and forty-four links and a White Oak sixteen inches in diameter bears North eighteen
degrees forty-five minutes East distant two chains and twenty links;
Thence along said Township line and the Southerly slope of hill East, at forty
links crosses a ravine, course South, at ninety chains crosses a ravine, course South West
fourteen chains a sixty-nine links to a post marked `Y No. 88' Station, on the Westerly
slope of hill from which a White Oak twenty inches in diameter bears North one degree
West distant three chains and eighty-one links and a White Oak thirty inches in diameter
bears North thirty-five degrees forty-five minutes West, distant three chains and fifty-
nine links;
Thence along Westerly slope of hill South, at thirty-one chains crosses a ravine,
course West, at sixty-four chains and fifty links crosses a ravine, course West, at ninety-
five chains crosses a run ten links wide course South West, at ninety-nine chains crosses
same run, course South East, at one hundred and one chains and forty links crosses same
run, course South West, at one hundred and ten chains and fifty links crosses a ridge,
course North East and South West, one hundred and thirteen chains and ninety links to a
post marked `Y No. 89' Station, on the South Eastern slope of hill, from which a White
Oak thirty-six inches in diameter bears North thirty-five degrees West, distant one chain
and seventy-four links and a White Oak thirty inches in diameter, bears North fifty-one
degrees fifteen minutes West distant two chains and three links;
Thence descending the South Eastern slope of hill East, at six chains and fifty
links crosses a run fifteen links wide, course South West, and along the Northerly slope
of hill, at eighteen chains and fifty links crosses above mentioned run, course North
seventy degrees West, twenty chains to Station, from which a post marked `Y No. 90',
bears East distant twenty chains from which post a Black Oak fourteen inches in diameter
bears North eighty-eight degrees East, distant ninety-seven links and a Live Oak twenty
inches in diameter, bears South eighty-five degrees West, distant thirty-five links;
- 15 -
Thence South twenty chains to Station;
Thence East twenty chains to Station;
Thence along the Westerly slope of hill South, at three chains crosses a run in a
ravine ten links wide, course South West, at twenty-four chains crosses a ravine, course
West and ascends, at twenty-seven chains crosses a ridge, course East and West, at thirty-
two chains crosses a ravine, course West, at thirty-three chains and fifty links crosses a
ridge, course East and West, at thirty-five chains crosses a ravine course West, sixty-six
chains and fifty links to a White Oak thirty inches in diameter marked `Y' on the
Southerly brow of a high ridge, at ninety-seven chains crosses a road from Ukiah City to
Potter's Valley, course East and West, at ninety-eight chains and fifty links crosses the
East branch of Russian River one chain wide, course West, Cleveland's Flour Mill on the
North side of the River, bears South eighty degrees West distant thirty chains, one
hundred and seventeen chains to the top of a high ridge, course East and West, at one
hundred and twenty chains and twelve links a Black Oak thirty-six inches in diameter
blazed and marked with three notches is ten links West of line, a house in Coyote Valley
bears South thirty-three degrees West; Thence descending the South Western slope of
hill, at one hundred and forty chains crosses a brush fence, course East and West, at the
foot of hill, at one hundred and forty-seven chains and fifty links crosses a ravine, course
West, at one hundred and seventy-one chains and fifty links crosses a ridge, course East
and West, at one hundred and seventy-five chains crosses a ravine, course West, at one
hundred and eighty chains crosses a brush fence, course South seventy degrees West, at
one hundred and eighty chains and seventy links a White Oak eighteen inches in diameter
is forty links East of line. House in Coyote Valley bears North seventy-five degrees
thirty minutes West, two hundred and two chains to a narrow valley, course North West,
at two hundred and ten chains crosses a run ten links wide, course North West, at two
hundred and twelve chains leave valley and ascends, at two hundred and twenty-eight
chains crosses a ridge course East and West, at two hundred and forty-three chains
crosses a ravine course West, at two hundred and fifty-three chains crosses a ridge,
course East and West, at two hundred and fifty-six chains and fifty links crosses a brush
fence course North West and South East, at two hundred and sixty-five chains crosses a
ravine, course West, at two hundred and seventy-two chains crosses a ridge, course East
and West, at two hundred and eighty-three chains and fifty links crosses a run fifteen
links wide in a narrow valley, course West at three hundred and twenty-five chains
crosses a high ridge, course East and West, at three hundred and forty chains intersects
the third standard line North at Quarter Section corner on South boundary of section
thirty-five Township sixteen North, Range twelve West, at three hundred and forty-six
chains crosses Howard's Creek thirty links wide, course West, at three hundred and fifty-
eight chains and fifty links crosses a sharp ridge course North West and South East, three
hundred and sixty chains to the point of beginning; containing thirty-five thousand five
hundred and forty-one acres and thirty-three hundredths of an acre and being designated
upon the plats of the public surveys as Lot numbered thirty-eight Township fourteen
North, Range twelve West, Lot numbered thirty-seven Township fifteen North, Range
twelve West, Lot numbered thirty-seven Township sixteen North, Range twelve West
- 16 -
and Lot numbered thirty-seven Township seventeen North, Range twelve West, Mount
Diablo Meridian.
SEAL In witness whereof, I have hereunto signed my name, and caused the seal
of the said office to be affixed at the City of San Francisco this 10 day of
September,A.D. 1866."
L. Upson
"U.S. Sur. Genl."
Now Know Ye,That the United States of America in consideration of the
premises, and pursuant to the provisions of the Act of Congress aforesaid of 3d March,
1851, Have Given and Granted and by these presents Do Give and Grant unto the said
Cavetano Juarez and to his heirs, the tract of land embraced and described in the
foregoing survey; but with the stipulation, that in virtue of the 15`h section of the said Act,
the confirmation of this said claim and this patent, "shall not affect the interests of third
persons."
To have and to hold the said tract with the appurtenances, unto the said avetano
and to his heirs and assigns forever, with the stipulation aforesaid.
In testimony whereof, I Andrew Johnson, President of the United States, have
caused theses 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 this
eighth day of March in the year of our Lord one thousand
eight hundred and sixty-seven and of the Independence of
the United States the ninety-first."
By the President: Andrew Johnson
By Edw. D. Neill, Secretary
M. Granger, Recorder of the General Land Office
Recorded Vol. 6 Pages 301 to 324 inclusive
- 17 -
i
Filed for Record at request of Thomas LeCar August 26, A.D. 1867 at 7
min. past 1 L o'clock. A.M. James Anderson County Recorder of Mendocino County.
Recorded October 21" 1867 at 8 o'clock a.m. in Book of Patents on pages 6 to 23
inclusive records of Mendocino County.
James Anderson, Recorder of
Mendocino Co.
By Charles Taylor, Deputy
- 1�
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U.S.6ECLO1;1CAL SURVEY.OENvER.COLORAOO 60225 OR wA5,9N
A FOLDER OES"$SlhG TOPOGAAP..0 ATApS AND SYMBOLS r$AVAILABLE ON R