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OCEAN PARK BOULEVARD from
Project Lincoln Blvd to Neilson Way
Parcel No. 41
Title Report No. 675 1840
Title Officer Wm. Brawders
Seller BERNERO. Louise (D'Amico)
Address 90~Stanfond St., Santa Moni ca
Telephone No. EX 4-509i
AGREEMENT
The following agreement is entered into, in duplicate,
between the CITY OF SANTA MONICA, a municipal corporation, herein-
after referred to as "CITY" and the undersigned owner(s), herein-
after referred to as "OWNER."
WHEREAS, City is going to widen and improve 4th Street
between Bay and Strand, and Ocean Park Boulevard between Lincoln
and Neilson Way with new street surfaces, sidewalks, and other
improvements, which project is to commence appro,dmately in
January of 1968.
NOW, THEREFORE, it is mutually agreed between City and
Owner as follows:
1. Wherever "City" is used herein it shall mean the
City of Santa Monica, its officers, employees, and authorized
agents, including the contractor doing the project work.
20 The parties have set forth herein the whole of their
agreement; any oral agreement or representations by anyone,
whether a party to this agreement, or an agent of a party hereto,
or anyone else, shall not be binding on either party to this
agreement.
30 Owner agrees to sell and City agrees to buy the real
property in the City of Santa Monica, County of Los Angeles,
State of California, described as follows:
That portion of Lots 1 and 2 in Block 30f Hill Crest Tract, as per
map recorded in Book 6 page 147 of Maps, in the office of the County
Recorder of said County, described as follows:
Beginning at the southerly corner of said Lot 1, thence North 390 54',
10" West along the southwesterly line of said Lotla distance of
116.25 feet, more or less, to the westerly corner of said Lot 1; .thence
northeasterly along the northwesterly line of said Lot 1 a distance of
2.52 feet to a point, said point being in anon tangent curve concave
northerly and having a radius of 270 feet, a radial line through said
point having a bearing of North 420 14' 0211 East; thence easterly along
said curve an arc distance of 130.28 feet to a point, a radial line throug
said point having a bearing of Northl40 35' 10" East; thence North-
easterly parallel with the Southeasterly line of said Lot 2 a distance
of 47.02 feet" more or less, to a point in the northeasterly line of
said Lot 2, said point being 1 foot from the easterly corner of said
Lot 2; thence southeasterly a distance of 1 foot to the easterly corner
of said Lot 2; thence South 550 26' 28" West along the southeasterly
line of said Lots land 2a distance of 97.46 feet, more or less, to
the point of beginning.
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3A. Coincidentally with the execution and delivery of
this agreement, Owner shall deliver to City a grant deed to said
property.
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4. City agrees to pay to Owner the sum of $~~ ~
subject to any conditions and deductions as hereafter set forth.
Said sum includes, but is not limited to the following: Payment
for removal and replacement of any and all plaotings, structures,
e.g., sprinklers, walls, steps, etc., and demolition, if any, and/
or remodeling, if any, of buildings and performance of this agree-
ment by City shall relieve City of any liability to Owner on
account of the location or construction of the project. Said sum
shall be paid to Owner subject to any exceptions or provisions
hereafter set forth within 30 days after title to the above de-
scribed property has vested in the City, free and clear of all
liens, encumbrances, and leases, recorded or unrecorded, except
real property taxes for 1967-68 and covenants, conditions, and
restrictions of record, if any.
5. Any or all of the money payable under this agreement
up to and including the total amount of unpaid principal and
interest on any note or notes secured by Deeds of Trust, encumber-
ing said property, together with penalty, if any, for payment in
advance of maturity, shall upon demand by the beneficiary of any
such trust deed be paid to the beneficiary or beneficiaries
entitled thereunder. The deeds of trust securing said note(s)
are as follows:
None
6. Owner may remove any or all improvements, including
plantings, now existing on said property or in the area of the
temporary easement(s), hereafter referred to. If such improvements
or plantings are not removed by the time construction starts on
said project, City, without any liability to Owner, may demolish
said improvements and/or plantings.
7. City agrees that construction shall not start before
March 1, 1968.
8. In addition to said property described in said grant
deed, Owner hereby grants to City a temporary easement for con-
struction purposes on the remaining property of Owner. The area
of said easement is shown on a plan, marked Exhibit A, attached
hereto and made a part hereof. Said temporary easement shall
terminate and be of no further force or effect at the time City
formally accepts the completed project from the contractor doing
the project work.
2.
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9. City agrees to reconstruct any e,dsting driveway
aprons and to reconstruct in similar kind any driveway(s) and/or
walkways in said easement area so as to join Owner's driveway(s)
or walkways adjacent to said easement area with the grade of the
new sidewalk to be constructed.
10. City agrees to construct an engineered wall adequate
to retain any embankment created by the construction of the project
provided the embankment exceeds one foot in height above the grade
of the new sidewalk and to replace soil removed for the construction
of said wall with soil of a similar kind. Embankments less than
one foot shall be sloped.
11. City agrees to replace any soil removed for the pur-
pose of constructing the public sidewalk with soil of a similar
kind and slope the soil between the new public sidewalk and the
grade of Owner's property.
12. City agrees to reconstruct in similar kind the steps.
if any.. affected by the project and shown on said Exhibit A in an
easement area.
13. Owner agrees to permit inspection of any buildings or
structures on Owner's property at any and all reasonable times.
14. Owner consents to the dismissal of any action filed by
City for the condemnation of said property and waives any claim for
costs, attorney's fees. and deposits in said action made by City.
or any claim whatsoever which might arise out of the filing of
such an action. whether or not such claim is specifically identified
in this paragraph.
3.
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IN WITNESS ~~REOF, the parties hereto have hereunto
set their hands and seals this /B'M day of ,Tdy ,
196'.
CITY OF SANTA MONICA,
a rnunicipa poration
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by
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~o Owner
Owner
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<: ';~<;ORDING ~EQti'E:~TED B~ . 171 . ,
. City of Santa Monica BK 04080rC 965
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RECORDED IN OFFICiAL RECORDS
OF LOS ANGELES COUNTY, CALIF.
Nome I City Attorney I FOR TiTLE iNSURANCE & TRUST co.
JUL 29 1968 AT 8 A.M.
Stre.t City of Santa Monica I RAY E. LEE, County Recorder
Address 1685 Main Street
C;'y & Santa Monica, Calif. 90401
State L .-J
SPACE ABOVE THIS L.INE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO OCEAN PARK BOULEVARD from Lincoln Blvd
I I to Neilson Way PARCEL 41
Nome
Street FREE RECORDING REQUESTED ESSENTIAL TO
Address
ACQUISITION BY CITY OF SANTA MONICA
liJj, W" Y I t\l4' J c.... Tr.:/.. $~':::J"" SEE GOVfT CODE 6103 ~
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Tit i; fn~'" rlre ::>nd J
TnlS! ::>):ilrnny [ FR-~ R
rant Deed AFFIX I.R.S. $n'~'~~n~~.. m'm ABOVE
TO 405 C (4_67) THIS FORM FURNISHED BY TITl.E INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is herehy acknowledged,
LOUISE M. D'AMICO, a married woman, who acquired title as
Louise Bernero
hereby GRANT(S) to h . i 1 .
t e CITY OF SANTA MONICA, a mun1c pa corporat1on
the following described real property in the City of Santa Monica
County of Los Angeles , State of California:
That portion of Lots 1 and 2, Block 3, Hill Crest Tract, as per map re-
corded in Book 6 page 147 of Maps, in the office of the County Recorder .."
of said County, described as follows: c
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Beginning at the Southerly corner of said Lot 1; thence North 390 54' lO" (i
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West along the Southwesterly Ene of said Lot 1 a distance of 116.25 feet, m
more or less, to the Westerly corner of said Lot 1; thence Northeasterly z
along the Northwesterly line of said Lot 1 a distance of 2.52 feet to a Q
po in t, said point being in a non tangent curve concave Northerly and hav- ,
ing a radius of 270 feet, a radial line through said point having a hear- t
ing of North 420 14' 02" East; thence Easterly along said curve an arc ~
distance of 130.28 feet to a ~oint, a radial line through said poipt hav-
ing a bearing of North 140 35 10" East; thence Northeasterly parallel !:q'
with the Southeasterly line of said Lot 2 a distance of 47.02 feet, more l>;
or less, to a point in the Northeasterly line of said Lot 2, said point ~
being 1 foot from the Easterly corner of said Lot 2; thence Southeasterly i
a distance of 1 foot to the Easterly corner of said Lot 2; thence South
550 26' 28" West along the Southeasterly line of said Lots 1 and 2 a
distance of 97.46 feet, more or less, ~f beg~
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STATE OF CALIFORNIA }ss
COUNTY OF LOS ANGF.T.F.S C"
On ..7Y.z /,~ /'1'''8 before me, the under,
signed. a Notary P he In and for sald State, personally appeared --.--- ~
T.01dl'lP M,n'Amico
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. known to me
to be the person_whose nam~ subscribed to the withhl
instrument and acknowledged that she executed the same. rEi o..uu~
WITNESS my hand and official seal.
""."" ~--~(J"- i H. L, IAMESIEIGEl. I
L . NOTARY .PUBLlC . CALIFORNIA I
PRINCIPAL OFFICE IN J
_ LOS ANGELES COUNTY
H. l. BAMESBERGER ' --~-"""_lIIl.IIN_"'I1flNlllI~
My Commissien Ex~,"6lY8,e1989Printed) (This area 1'01' official notarial seal)
Title Order No. 67 51 840 Escrow or Loan 1\T. ,.,,"
MAIL TAX STATEMENTS AS DIRECTED ABOVE 4)...Df
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CERTIFICATE OF ACCEPTANCE
This is to certify that the City of Santa Monica,
California, a municipal corporation, the grantee herein,
by and through its regularly appointed and qualified City
Attorney, hereby accepts the real property or interest
therein conveyed by the within deed and consents to the
recordation thereof by authority of a resolution of the
City Council of said city, a certified copy of which is
recorded in Book 01502, page 621, of Official Records of
Los Angeles County, California.
IN WITNESS WHEREOF, I have hereunto set my hand
this 23rd day of July , 19~.
CITY OF SANTA MONICA,
a municipal corporation,
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BY/ (, d(.(-2(,~
, ,c
I City Attorney
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~OCUMENTARYTRANSFER TAA $~ .....
~ Title Insurance and
~ Trust Company
S NeD - PARTY ~R AGENT .J ~IR~ME i~
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