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2228 <br />RESOLUTION. <br />Trustee Tuehsen offers the following Resolution and moves its adoption,Trustee Kreiss <br />seconds the motion, <br />` <br />Resolved, b the Board of Trustees')) <br />'r of the Town of Redwood City, that I <br />Whereas, on the 3rd day of April, <br />i 1920, the Town of Redwood City enter- <br />ed into , a written agreement' with S. <br />H. Frank•& Co„ a corporation, relative <br />' to the acquisition by paid Town of the', <br />Peninsula Wharf and Warehouse prop- <br />erty,from,said S. $. Frank & Co. and, <br />t,the construction of a -spur track by <br />said Town from Chestnut street to! <br />said wharf property under the terms, <br />i and conditions, in said, agreement pro- 4 <br />vided, which agreement is now on <br />file with the First .National Bank of <br />;-San Mateo County in escrow, a -copy], <br />thereof being on file in the'oflice of the i <br />i Clerk of said. Town of Redwood,,City; <br />and hereas, under and Pursuant to j <br />r the tWerms of said agreement said S. H, <br />Frank & Co. executed and deposited in <br />escrow with said 'above named bank, a <br />t deed of said Peninsula 'Wharf and <br />Warehouse property to said Town of <br />Redwood City, said deed to be deliver- <br />ed "upon the completion" of the con- <br />ditions by'said Town of the terms of <br />said escrow agreement; and Whereas, <br />subsequent to the.placing of'said deed <br />and, said, agreement, in escrow said <br />Town, of Redwood City took up with <br />said S. H. Frank & Co. the question of <br />changing said deed so that same would <br />convey said above- mentioned Wharf <br />property to said Town in.fee free and <br />clear, of, the conditions relating to rer <br />version -now In said deed; and, <br />Whereas, on the 27th day of Septem- <br />ber, 1920, said Town of,Redwood City <br />received from said S. H, Frank & Co. <br />a written communication whgrein said <br />S: H. Frank & Co: refused 'to make any i <br />change in the present escrow deed j <br />and agreement and asked said Town of <br />Redwood City to pass the necessary <br />resolutions' releasing said escrow and <br />turning back to them said wharf prop-) <br />erty; and <br />Whereas,said Board of Trustees - <br />deems that it is for the best interests <br />of said Town of Redwood City to re- <br />lease 'said escrow as requested by S. <br />H, Frank & Co. rather than to go; <br />through with same under the con <br />ditions now in 'aid deed and 'agree- <br />ment, I - <br />kjow Therefore be, it Resolved by the <br />Board of Trustees of the Town of Red- ! <br />wood City, that at the request and withal, <br />the consent; of S. H. Frank & Co. a cor- <br />poration, the escrow agreement here <br />Wore made between said S. H. Frank'; <br />& Co., n corporation and said Town of <br />Redweod City, doted April 3rd, 1020, 1 <br />and the deed thereafter made by.eaid•i <br />ff S: H. Frank & Co., a corporation in;! <br />Pursuance of said agreement, said. es <br />crow, agreement and deed now being' <br />In possession, under said escrow <br />j agreement, of the First National <br />Ban of San Mateo County, be and the <br />same are released qua cancelled and:, <br />made of no force and ,effect. <br />AntVbe ,.it ,Further ,Resolved that <br />said First National Bank,of San Mateo <br />Comity, the escrow holder of said <br />agreament and deed be and they are <br />lierebY'requested and directed to re- <br />turn to said S. H. Frank-& Co„ a,cor- <br />poration, said escrow agreement and <br />deed herebefore mentioned and des- <br />cribed. , <br />4 And be it Further Resolied that n <br />certified copy o4 this Resolution be <br />given to. that S.' H. Frank & Co., a cor- <br />1; poration and to the First National <br />Bank of+.Sari Mateo County,. <br />Pasced and adopted by the Board of Trustees of the To= of Redwood City at a regular meeting <br />of said Board held on the Ist.day of ilovember,1920,by the following vote; <br />Ayes and in favor of the passage of the foregoing Resoluttzon,Trustee, <br />Carl K.I.abie,H.C.Tuchsen,Geo.l..I,:ellulty,Geo.A.K.reiss,I;I.E.Ryan. <br />--------------------------------------------------------------- <br />Noes and against the passage of the foregoing Resolution,Trustees, <br />None. <br />--------------------------------------------------------------- <br />Absent,Trustee,idone. <br />M. E. Ryan. <br />-------------------------------------------- <br />President of the Board of Trustees of the <br />Toon of Reftood City. <br />